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If I was caught stealing as a minor (16) does that show up when they do background checks for jobs?

New York, NY |

I want to apply to a job at Sears but one question asks about retail theft. I was never arrested or anything but I was caught, my parents were called and I left the store. My information was all taken down.

Attorney Answers 4


If charges weren't pressed, I'd be very surprised to see something on your record.

The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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If you were nev arrested, then you weren't prosecuted and certainly not convicted. As such you don't have a criminal record. Mercantile establishments, however, usually keep their own databases of individuals who have shoplifted in their stores. They use this for their own. Thermal purposes. The oftentimes try to collect a civil demand or try to bar you for com g back to their store. Based on what you describe it shouldn't show up on a background check but sears probably knows about it.

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If the shoplifting happened in Duane Reade 1 year ago, how does Sears know about it?


Does the question say, do you have a criminal record? If it does, write in NO.
If the question is "were you ever arrested" then you can also write in NO.
Is this something that happened when you were very young?
It sounds like all that happened was you got nabbed by the store and then chastised by your parents...I doubt the employment application covers this.
But you must answer any and all questions honestly.

Good luck

Law Office Of Michael Marley
Phone 917 853 4484

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If you were not arrested and charged then you do not have a criminal record for this incident. If this is the only time you have been in trouble then you should have a clean record. If this application, or any other application for that matter, asks of you have a criminal record you should answer "no" if it asks if you have been charged with a crime you should answer "no". They probably took your information for their internal purposes only.
Good luck

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