? about shoplifting

[chillincody]

So my buddy is 24 and a few years ago when he was 22 he got caught shop lifting at wal mart . He said the value of the item was $25 (food and shoes) and it was returned to the store . The cops were not called he just signed some paper and had to pay $300 to some law firm .so he asked me if thats why he is not able to find a job I said I dont think it is on his record( since he was not arrested ).

But im not a leo or lawyer so it got me wondering could it be on his record and be preventing him from finding work? is there any way to get it expunged or sealed if it is on his record ? if it could be expunged can he do it himself or will it require a lawyer?

He is a good guy he was just homeless at the time and made a very very stupid choice. I would hate to see one bad choice mess up the rest of his life . Well any info would be appreciated .

[code33]

Sounds like Walmart handled it internally.
He can go through the process of requesting his own criminal record to check for accuracy:

http://oag.ca.gov/fingerprints/security

Also, sounds like your friend has a number of issues.

[chillincody]

Sounds like Walmart handled it internally.
He can go through the process of requesting his own criminal record to check for accuracy:

http://oag.ca.gov/fingerprints/security

Also, sounds like your friend has a number of issues.

thanks for the link I forwarded it to him I hope for his sake its not on his record and was handled internally . Yes he does have issues he lost his mother and when she passed he had no where else to live and started drinking very heavily which didnt help him one bit but now hes trying to get his life back on track .

[Squid]

have him try to buy auto insurance, even w/out a car.

the agent will TRY to instantly 'pull DMV' record to make sure his driving record is what he says......

but....

and I just found this out.....


SOMETIMES your DL will come back a 'no hit' because DMV is 'protecting it' and I'm guessing any employer doing "routine background check" will assume you gave a phony DL # because you are a cockroach hoping they wont run nuthin.


I believe you can charm a Auto Ins. agent into pulling your record just to "make sure" you can buy Ins.....TO SEE IF YOUR TYPICAL "background" check(private company with your permission) will be ABLE to get your record......

or will they give the impression you gave them phony DL #.




Yes, CA State "business environment" just got worse. What if you got a small company and some client says "great, but we need to run check on your employees who will be installing/building our products".

Now you don't know if CA DMV will feel like complying with the law and releasing your record.

[TRICKSTER]

the agent will TRY to instantly 'pull DMV' record to make sure his driving record is what he says......

but....

and I just found this out.....


SOMETIMES your DL will come back a 'no hit' because DMV is 'protecting it' and I'm guessing any employer doing "routine background check" will assume you gave a phony DL # because you are a cockroach hoping they wont run nuthin.


I believe you can charm a Auto Ins. agent into pulling your record just to "make sure" you can buy Ins.....TO SEE IF YOUR TYPICAL "background" check(private company with your permission) will be ABLE to get your record......

or will they give the impression you gave them phony DL #.




Yes, CA State "business environment" just got worse. What if you got a small company and some client says "great, but we need to run check on your employees who will be installing/building our products".

Now you don't know if CA DMV will feel like complying with the law and releasing your record.

I may be missing something here but what does a shoplifting contact at Walmart have to do with a persons DMV Driving Record?

[Notorious]

You lost me there too, bud.

[Fspeed]

Not an LEO

He signed a promissory note. The worst this could do is screw up his credit record. My guess is he didn't steal enough to get the DA to push charges. I've never worked for wal mart though.

[Ron-Solo]

I may be missing something here but what does a shoplifting contact at Walmart have to do with a persons DMV Driving Record?

Glad I'm not the only one thinking, WTF?

[Squid]

GREAT QUESTION, glad you asked....I've heard of DL being suspended for

failure to pay restitution, but I think you would at some point be in court, but today I'm not sure, with "robo-signing" etc.

Anyways, his main question was "getting a job" and since I just discovered this weirdness about CA refusing to release some DL to Ins. (or other private background check) I figured maybe it isn't the shoplifting, since we hear he is "troubled" but no info on DMV.

I haven't had a ticket in 7 years but the DMV wont release my DL to my Ins because "my record is too big and it will bug out our system"(their actual terms). To this day (working on it) I have no clue what "too big" could be.

I've had one address change and back to same address, and I've had about 5 diff cars all smogged and legal in my name.

If I hadn't switched Ins. companies I'd have no idea the DMV would be telling any background checker "we don't have any info on that DL".

Thats right, they don't say "we ain't gonna give info" they tell folks my DL # don't exist, like it is a phony.

Maybe Meg Whitman's maid "Niki" got a new DL and is using my DL #.


PS-Is such a "promissory note" signed under such duress legal? Lets remember he was only accused, by some Walmart rent-a-cop with no real training.

Isn't "pay me or I'll call the cops" still Blackmail, even if they are breaking the law, because it tends to be not about the Govt side but the "personal embarrassment" side of the equation?

[chillincody]

OO now I see what you mean about the DMV , And yeah they pretty much told him to sign the paper or they will call the cops then he got a letter 3 weeks later telling him to pay $300 (which I helped him pay) after it was paid they sent him a civil penelty release letter . That said " in consideration for the payment of $300 the payment of which does not consitute an admissinon of liability ,Wal mart hereby releases XXXX from all statutory civil penalities arising out of an inncident that happened at store number XXX on XX/XX/XXX .

Does it mean that it doesnt go on his record ? or that they just arent gonna sue him?

[FLIGHT762]

Does it mean that it doesnt go on his record ? or that they just arent gonna sue him?

If the Police were not called as you earlier stated, there is no record.

He paid the money to Wal Mart and was released from the civil penalty from the paper he signed at Wal Mart. There is no official record for that.

If your friend isn't getting hired, it's not because of the Wal Mart incident, unless he was asked about it he disclosed it.

[chillincody]

If the Police were not called as you earlier stated, there is no record.

He paid the money to Wal Mart and was released from the civil penalty from the paper he signed at Wal Mart. There is no official record for that.

If your friend isn't getting hired, it's not because of the Wal Mart incident, unless he was asked about it he disclosed it.

Ok thats what I thought , and no he has not disclosed it Thats what got us wonder if it was on his record and he didnt disclose it so when his record was ran they saw it then denied him the job due to false info on his job app.Im gonna help him get his record review from the DOJ just to be sure I figure $25 is worth it so he knows for sure whats on his record.

Thank you all for the help

[Fspeed]

Pay up or we'll call the cops is an empty threat. Loss prevention would have called the cops if he had stolen more merchandise. The DA aren't going to waste their time on $25. The worst that would have happened if he had refused to sign is a trip to be booked and I have seen the cops refuse to take folks; most times the cops just let them go outside the store.

[chillincody]

Pay up or we'll call the cops is an empty threat. Loss prevention would have called the cops if he had stolen more merchandise. The DA aren't going to waste their time on $25. The worst that would have happened if he had refused to sign is a trip to be booked and I have seen the cops refuse to take folks; most times the cops just let them go outside the store.

May have been a empty threat but it sure did scare my friend into signing the paper and paying the fine .

[retired]

Pay up or we'll call the cops is an empty threat. Loss prevention would have called the cops if he had stolen more merchandise. The DA aren't going to waste their time on $25. The worst that would have happened if he had refused to sign is a trip to be booked and I have seen the cops refuse to take folks; most times the cops just let them go outside the store.