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What happens with shoplifting reports?

New York, NY |

My son is fifteen years old and he shoplifted around a $10 item from a rite aid pharmacy. At the moment he called a friend of mine to pick him up and my friend had to sign some report. The police was not involved in the situation and the store's security just got his name and his DOB. I don't know if he got any of the other information from his school id which would just be his school id #, and his school address. This all happened in Queens. Now he is 16 and wants to work as a sales associate in Micheals, Homegoods, etc.Is he able to go to other rite aid stores in the city, and perhaps able to work there too? Will that filed report perhaps prevent him from getting a job as a sales associate in other non-pharmacy businesses?

Attorney Answers 3


  1. There is some type of databases that stores can belong to and the report might get submitted.

    Rite Aid or its lawyer may send you a series of letters (and may even call) seeking a civil demand (which is authorized by state law) of 5 times the value of the goods allegedly stolen up to $500. I advise my clients not to pay this civil demand because I have never seen a store sue to collect as it is not worth their time and money. I write letters to the store or their attorneys for my clients directing the store or its lawyers not to communicate with my client and to only deal with me. This stops the store or its lawyers from contacting my clients any further. Ignoring the civil demand letters will not cause you to be arrested now - I've never seen some one arrested after the fact. He got very lucky not to be arrested.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. As with any private company work product, it can be shared with other companies via databases, all privately funded. The could also share with police if the police had some reason to request it and the company wants to cooperate. He is probably barred from same company locations for a fixed period of time.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  3. He should not apply at Rite Aid pharmacies for a job. One of those papers he signed may be a bar out prohibiting him from entering a Rite Aid. the bar out is for a specific period of time, but you haven't said how long ago this was or even what papers were signed. He should play it safe and stay away from Rite Aid. Whether Rite Aid shared this information is not known, but this should not prevent him from applying for a job at other stores. If there was a bar out, he could be charged with trespass if he enters a Rite Aid.

    The answering of this question does not create an attorney-client relationship.

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