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I shoplifted,

Chicago, IL |

I shoplifted a 11$ item in a storea police officer arrested me by the doors and took me to the store office ,asked for my ID, he typed my information in the computer, and asked me to pay for the item. He did not take my fingerprint. Please tell me if i can still apply for the dream act. Thank you.

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Attorney answers 3

Best Answer

First things first:
1. The store merchandise prevention officer is not a police officer and he detained you as a store agent, not as a law enforcement official,
2. Secondly, since you have never been transported to a police station, booked, photographed, fingerprinted and charged, there is no criminal arrest or pending criminal misdemeanor or municipal case against you,
3. The information the store prevention agent entered into the computer is possibly a merchant’s register of people apprehended by that merchant' personnel for future references shall such or similar occurrence takes place.
To summarize, you seem to be eligible for a DACA application yet I would strongly suggest working with a competent professional attorney who is familiar with consequences of criminal law and handles this matter delicately.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602



Thank u for ths answers. In the application they asked if i'v been arrested, should i say yes or no? Please thank u for answer me.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


If you were not taken to the police station, processed, booked, fingerprinted, photographed and charged you were not arrested.





This appears to be more of an immigration question so I have changed your practice area. Keep in mind that retail theft can impact on immigration application. However, please read the follow as it applies to retail theft:

There is a law in the state of Illinois which allows for civil action collection when there is a retail theft. Most people choose to ignore the demand. This demand is for money over and above any fine you pay in compliance with a court order. People may get a few more letters, each time asking for more, and then they stop. While the retailer can sue you, it is extremely rare for anyone to actually be sued. You do not owe any money unless you are sued and the retailer wins. This is a common ploy. Do not pay. If you do, you will be in the national retailers database which could affect your ability to get a job and could impact your life in other ways. If you are uncomfortable, hire a lawyer and have the lawyer write a letter. That should be the end of it.

Here is a good article:

The National Retail Theft Database is actually a voluntary list put together by different individual retailers. Further, any member that published the information on the list, can thereafter, remove it. Therefore, if you wish to have the entry removed, as you apparently do, your best bet would be to write a letter to the manager of the particular store and inquire as to what it would take for them to remove the entry.

Please go to this link:


Yes, when it becomes a reality, until then, please stay away from shoplifting.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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