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Huntington Station, NY |

2 years ago I was caught shoplifting a small amount of items in Stop and Shop. I was pulled into the back room and they called someone to look up my name and asked if i'd ever done this before in a Walmart or Stop and Shop etc, the answer was no. They let me go after giving them everything back, without having to pay a fine, and without calling the cops. I never ever stole again but I am now worried that this will come up on a background check. the background check for the job I just got said they'll check my references about my work habits etc and also checking if I have any felony or misdemeanor convictions. I don't know if anything else is included. Will this show up?? im so scared.

Attorney Answers 3

  1. If you were not arrested then this will not show up on a background search.

    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. Assuming you weren't arrested, you should be fine.

  3. No, this will not show up in a background check.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (!/WhiteRoseMarks) or Facebook ( if you have follow up questions as we do not monitor questions after providing an initial answer.

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