If I got a civil restitution fine of $250 for shoplifting over a year ago but neither the police or courts were involved, will it be on any of my records?

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If I got a civil restitution fine of $250 for shoplifting over a year ago but neither the police or courts were involved, will it be on any of my records?

Asked on January 30, 2013 under Criminal Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only way to have a criminal history record is to have been in the criminal justice system (e.g.have been arrested). The fact is that you got lucky here. While the civil restitution may well be in excess of what was taken it may be worth your while to pay it. At the very least, you may be able to negotiate it to a leseer amount. The fact is that, if someone fails to pay a civil restitution no further action is typically taken against them; that's because the store can ask the criminal court to make the defendent pay restitution, in addition to any other sentence the court may impose. However, since no criminal action has been taken to date (and in fact may never be), you don't want to chance that the store will file a criminal complaint now. This will only make a bad situation worse. Try to pay something.


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