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Question: Criminal Defense - New York

Asked on 11/5/2009

Do I have a criminal record after being detained for shoplifting but not arrested?

I am 19. I just got caught shoplifting in the amount of $41 I was detained by store security and not arrested. No phone calls were made and I never saw any cops but I signed a document saying that I was treated fairly while I was detained and that I was who I said I was and that I tried to steal. Is this just a store record or do I now have a criminal record? Is this now an admission of guilt in a charge that's only punishment is a record which could be detrimental to my future application to jobs?


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Answers (1):

N. K., Member in Good Standing of the Iowa and Illinois Bar


Since you were not taken into custody or officially arrested by law enforcement, you don't have to worry about having a criminal record. It appears to be a record only for the store. This can be used in the future if  you are caught shoplifting again in that same store.

Usually, you will have a criminal record when you are actually convicted of a crime. For purposes of job applications, you are usually asked about official arrests and convictions. You were lucky this time so don't do it again. You are too young to have a criminal record. With a record for theft, you will have very limited employment opportunities. This is a "mistake" that will follow you for a long time.



  • Answered on 11/5/2009
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