Legal Question in Criminal Law in California

I was caught shoplifting at a Target store. While I was detained by loss prevention, I was honest and admitted what I did, and that my actions were a last minute decision, not premeditated. Police were not called, and they told me they wouldn't press charges. I then signed a piece of paper, that had my name and address and other information, and in my own words I had to put down what I had done. They had assured me that it wasn't going to any law enforcement, it was for them to keep for their database. I was then told that after a year I could return and shop there, on grounds that I didn't plan on stealing again. About several days after the incident, a lawyer's office, who Target had contacted to help them, called to collect a $500 fee that I was charged with. I paid the fee in full. Then roughly a month later, I got hired by Rite Aid but then got denied because my background check shows I have retail theft, though it didn't say for who.

If police weren't involved, and Target said they would not press charges nor put down that I had stole, can I have the theft removed from my background check or should I go to court? This is also my 1st offense


Asked on 2/22/12, 10:12 am

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You were "honest" and opened your mouth when questioned. This did not help you. Now your name is in Remiss, the database of admitted thieves. This won't go away, ever, and your job prospects will be limited from now on.

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Answered on 2/22/12, 10:21 am
Edward Hoffman Law Offices of Edward A. Hoffman

There are private databases containing the names of shoplifters. The databases are owned and operated by retailers, who add names of people like you who admit to shoplifting from their stores.

Because you were not tried (or apparently even charged), the theft is not part of your criminal record. There also should be no arrest record, since you weren't arrested. Instead, the database you're in is privately owned and operated.

If the information about you in the database is false you can demand that it be removed and may have a viable defamation claim against whoever put it there. My sense, though, is that the information is true and that you have already verified it. That probably leaves you with no recourse.

I'm sorry I can't be more encouraging.

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Answered on 2/22/12, 11:52 am
Andrew Roberts Roberts Law Group

I agree with my colleagues. You are part of a database containing names of shoplifters.

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Answered on 2/22/12, 1:31 pm


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