Port Jervis, NY asked in Criminal Law for New York

Q: I was caught shoplifting... I know stupid and no excuse. Item was under $25 and 1st time ever in trouble so no police,

I was caught shoplifting... I know stupid and no excuse. Item was under $25 and 1st time ever in trouble so no police, no arrest and no charges. Was told if caught again (which won’t happen) then Iit would be much worse and that id possible receive letter in mail for amount of item or up to 10 times amount. Question is since I was never charged, could this be pulled with an extensive background check? I finally got a job offer to get me back on my feet by requires an background check. I’m thinking no since I was never charged with anything right?

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1 Lawyer Answer
Andrew S. Tabashneck
Andrew S. Tabashneck
Answered
  • Criminal Law Lawyer
  • Williamsville, NY
  • Licensed in New York

A: First, I want to emphasize that this is not legal advice so please do not rely on it. This message merely reflects my personal beliefs based on my limited knowledge of background checks.

That being said, to the best of my knowledge (and I could be incorrect), if you were not arrested or even charged with shoplifting it seems highly unlikely that a background check would reveal this incident. It is very likely that the police have a record of the interaction and I suppose it is possible that such a record could conceivably be uncovered through a FOIA request. But again, this is very highly unlikely.

As an aside, most background checks uncover convictions. The most in-depth background check that I am aware of (and I am not aware of every type of background check, to be clear) reveals charges that were later dropped or expunged. This information is ordinarily held with the county court where the proceedings took place.

Again, I want to really emphasize that I am by no means an expert in background checks. I certainly cannot tell you with 100% certainty that a background check would not uncover the incident you detailed. I encourage you to talk with an attorney with a background in this particular area.

Best,

Andrew Tabashneck

The Tabashneck Law Firm

Tabashnecklaw.com

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