Hi, I made the biggest mistake and stole about $ 200 worth of beauty products from Superstore and was caught. This is my first offence, I have NEVER been in trouble with the law. I was fingerprinted at the police station, and now have a court date set.

I fully co operated with police, and plan on pleading guilty. I have an appointment to see a lawyer. I am a single mom of two, and am going to college in the Fall to better my situation, I MESSED up and will never do it again, but what are my chances of having the case expunged, so that I do not have a record ?

If charged, how long do I have to wait to apply for a pardon, and are my chances of getting on good? Please help me, I'm so depressed and afraid! :(

Also what can I do to improve my chances of getting leniency from judge?

Here is a link that may prove helpful to you.
Basics on Criminal Expungement (http://www.mncourts.gov/selfhelp/?page=328)

Hi, I made the biggest mistake and stole about $ 200 worth of beauty products from Superstore and was caught. This is my first offence, I have NEVER been in trouble with the law. I was fingerprinted at the police station, and now have a court date set.

I fully co operated with police, and plan on pleading guilty. I have an appointment to see a lawyer. I am a single mom of two, and am going to college in the Fall to better my situation, I MESSED up and will never do it again, but what are my chances of having the case expunged, so that I do not have a record ?

If charged, how long do I have to wait to apply for a pardon, and are my chances of getting one good? Please help me, I'm so depressed and afraid!

Also what can I do to improve my chances of getting leniency from the judge, I really am sorry :(

Thanks to all that take the time to respond:)

Btw... Im in Canada

This site does not work like a chat room.Putting the same question on more than once will not insure that you will get a response.

You MIGHT be able to take advantage of something called conditional discharge. You pay a fine , do what the probation officer requests, i.e. counseling, community service. And after a short period, your record is clean. You should talk to a lawyer, hired or provided. I had a co worker who did this , and it his record is clean. Good luck to you.

>Threads Merged<
Don't SPAM post the same issue over the site.

I sort for did the same thing in Texas, Deferred adjudicated probation. I did it for the full 4 years. Though you CAN petition to be taken off if you complete all of the assigned community service and are never late for a probation payment or meeting with your PO for the entire first year.

Cases like this your attorney typically makes a plea with the prosecutor and they try to find something amicable for all parties. One thing about what I went through, the charge was a felony, yours is under 300-500 that most states have for it to be more than a misdemeanor. But if you do get a form of probation like this it stays on your record until you complete the probationary period successfully.

I am not sure of the difference in a misdemeanor and a felony though, mine was and after completion I just paid to have the arrest expunged from my record. Someone else might be able to give you a more clear answer for your particular set of circumstances. But hopefully that can answer enough to make you feel better until you talk with your attorney.

I spoke to a lawyer today re: my theft under $ 5000 , since it is my 1st offence, he said that I will most likely be offered Adult Alternative Measures program or The Diversions Program, both of which if completed successfully will result in no criminal record.

I am wondering though, will it still show that I was arrested, and do police keep my fingerprints, I was nervous, and forgot to ask my lawyer... I am in Canada BTW, thank you to all who respond:)

Far as I know once your prints are on record they stay on record. After completion of your sentence you should be able to pay your attorney to have the arrest expunged. It may depend on the circumstances though, ask him next time you see him.

As a single mom of two I'm sure you're over 18 so, first offense notwithstanding, I'm not even sure that an expungement is possible. Your lawyer should be able to advise you more fully. And a pardon? I'm sorry, but lol to that one! Unless you personally know the governor of your state and he owes you a favor, or know someone who knows the governor and is owed a favor, a pardon (if you're convicted and would need one in the first place) will never happen for you in this lifetime! Actually, I'd consult with the lawyer and ask about the chances of getting acquitted. That may be kind of hard if you were caught red-handed actually leaving the store or about to leave the store with the merchandise in question or if you've already blabbed to the police but it's at least worth asking.

Thanks Chey5782 :)

As a single mom of two I'm sure you're over 18 so, first offense notwithstanding, I'm not even sure that an expungement is possible. Your lawyer should be able to advise you more fully. And a pardon? I'm sorry, but lol to that one! Unless you personally know the governor of your state and he owes you a favor, or know someone who knows the governor and is owed a favor, a pardon (if you're convicted and would need one in the first place) will never happen for you in this lifetime! Actually, I'd consult with the lawyer and ask about the chances of getting acquitted. That may be kind of hard if you were caught red-handed actually leaving the store or about to leave the store with the merchandise in question or if you've already blabbed to the police but it's at least worth asking.

Yes, I am over 18, I did see a lawyer today and plan to plead guilty, and was told that my chances of getting into the Diversions Program, or Adult Alternative Measure Program was 80 % because it is my 1st offense, if I complete either program it results in no criminal record.

And when I asked about the pardon, I meant years from now, ( if I do get a record which from what my lawyer says is unlikely ) when I am eligible for one, this is way down the road, and I personally know someone who was charged with theft over $ 5000 and was given a full pardon after 5 years of being a law abiding citizen, so my chances are rather good there also.

I think maybe things are different in the U.S, I am guessing you are from there, cause you mentioned a "governor" and we don't have those up here ;)

Anyway, thank you for responding.. I do appreciate it!

Oh that's probably because here we deal with state and federal law. A lot of states have similar laws with different names for what certain things are. It can vary. Typically in the states you only receive a pardon from a Governor or a similar figure in government.

I know when I went to court the first time for my charge our District Attorney declined my charges, I was brought in for a warrant 7 months later for a different charge for the same offense. There's a lot I don't know, but your being, I assume Canadian since you said up here, can mean that any advice an American who doesn't know your legal system gives you can be quite wrong. Like me, but I hope at least you felt a bit better after talking to your lawyer. I learned a LOT from mine. Don't be afraid to ask them a million questions. This is your life, and it will effect you for a long time. Just don't let there be a next time!

Oh that's probably because here we deal with state and federal law. A lot of states have similar laws with different names for what certain things are. It can vary. typically in the states you only receive a pardon from a Governor or a similar figure in government.

I know when I went to court the first time for my charge our District Attorney declined my charges, I was brought in for a warrant 7 months later for a different charge for the same offense. There's a lot I don't know, but your being, I assume Canadian since you said up here, can mean that any advice an American who doesn't know your legal system gives you can be quite wrong. Like me, but I hope at least you felt a bit better after talking to your lawyer. I learned a LOT from mine. Don't be afraid to ask them a million questions. This is your life, and it will effect you for a long time. Just don't let there be a next time!

Yes, I felt a million times better speaking to a lawyer, and I am Canadian, I'll be sure to ask him all that I want to know, and there is a snow balls chance is hell that this will happen again ! Thanks again for your responses, they did make me feel better as well, take care!:)

Your mention of diversion was the clue that you are, in fact, in Canada.

Here is something applicable which I wrote:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”

Your mention of diversion was the clue that you are, in fact, in Canada.

Here is something applicable which I wrote:

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney’s office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the end result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”


Now in my case, the property was recovered, and I am not a repeat offender, ( this is my 1 st offense ) but I took $ 200 worth of merchandise, not a lot of things, it was just expensive face creams, would $ 200 be considered a large amount ?

Thanks :)

Any yes, I am in Canada, in Alberta in fact

How are the charges written? Theft under $5,000 OR theft over $5,000?

In my eyes $200 is a small amount - you would have to look at the law and see if there is more than one category under which you could have been charged.

Whether $200 is a large amount also depends on who you stole from. How hard the store wants to press the charges also matters.

Did you say they recovered the items, unused, unopened? Was the store able to put the merchandise back on the shelf?

Charge is theft under $ 5000, I stole from a large grocery store, and gave them everything I had in my purse when they caught me, and the items were undamaged and unopened, so I assume they are able to put them back on the shelf.

Thank you, JudyKayTee, I appreciate you taking the time :)

You still have to go through the programs and pay the fines. The fact is you took the items whether they were recovered or not.
(It still amazes me how many shoplifting posts we get from Canadians on this site.)

You still have to go through the programs and pay the fines. The fact is you took the items whether they were recovered or not.
(It still amazes me how many shoplifting posts we get from Canadians on this site.)

Nohelp4u, If I were Canadian, I would be firing back right now. Don't be surprised when you get statistics thrown at you. I'd be curious to see, compared to the United States, what the per capita shoplifting convictions are. Watch your back.

I am sure the USA DOES have MORE shoplifting I am just saying that it seems that all the Canadian shoplifters seem to post here,

Most of these are Canadian and I know some aren't even in this search here
https://www.askmehelpdesk.com/search.php?searchid=4754112

Probably because it's so rare they can't find info about it. :p I had that issue when I lived in Texas, until I learned the names of things. This situation can be very rough for a first time offender. My only charge ever and it haunted me for over 5 years. I felt harassed and under informed often. So I made dang sure I asked a ton of questions. I bet she doesn't even lock her front door at night. Shoot.

Nohelp4u, If I were Canadian, I would be firing back right now. Don't be surprised when you get statistics thrown at you. I'd be curious to see, compared to the United States, what the per capita shoplifting convictions are. Watch your back.



I know exactly what Nohelp is saying - the VAST majority of shoplifting questions here have historically been from Canadians. Many of them are repeat offenders so I don't know how well the diversion program actually works.

Nohelp is not causing a problem - I've posted this same thing before myself.

At one time I attempted to find out what the stastics are for shoplifting in the various Countries but, because of the different State laws, plea bargaining, diversion, it was impossible to tell.

So no slight to Canadians but search it out - it's been said before.

At one time - and I'm sure someone can find it if they search - the phrase being bantered about was something to the effect that shoplifting is a national sport in Canada. Believe it or not - the Canadians who were posted laughed, we all got carried away and the thread got closed.

Not everything is intended a slight.

I hate when you guys post things like this! The sarcasm monster in me is just dying to crack jokes at N0help for being smart and friendly DUN DUN DUNNNNNNN. Admit it, you hate Canada!! Joking, but seriously, I meant what I said, they probably ask because that information is hard to find for them. What do you think?

I hate when you guys post things like this! The sarcasm monster in me is just dying to crack jokes at N0help for being smart and friendly DUN DUN DUNNNNNNN. Admit it, you hate Canada!!! Joking, but seriously, I meant what I said, they probably ask because that information is hard to find for them. What do you think?


You think I don't have a sarcasm monster in me?

"But seriously" - I also meant what I said.

I can find the info on the Internet; Americans can find the info on the Internet; why would Canadians find it more difficult and have to post here? I searched the info out and wrote the info about the Canadian diversion program - I would guess that anyone else could have done the same.

For whatever reason (and I have no idea what that reason is) more Canadians post than Americans when it comes to shoplifting arrests.

Maybe this is a subject for the discussion board because "we" are hijacking this thread. The legal threads don't work the same way the other threads work.

Yep I was researching the Canadian shop lifting laws like crazy for a couple weeks about a year ago because of all the questions.
I learned about going to the Crown. The Crown sends you to Alternatives/Diversion program, etc,.

I was right with you - but we never found any statistics.

No need, we're tied. Let's leave it at that. Cleptobutistan has us both beat.

You know what I got for my offense? 3 years probation and a felony on my record the entire time, an inability to work in Human Resources until my felony was cleared off, and a GIANT fight with my judge to allow me to bartend because it was the only other job I could get that paid enough and was conducive to my school hours. Someday I will write a story about that entire incident. GRR.

I am sure the USA DOES have MORE shoplifting I am just saying that it seems that all the Canadian shoplifters seem to post here,

Most of these are Canadian and I know some aren't even in this search here
https://www.askmehelpdesk.com/search.php?searchid=4754112I have to agree. This site DOES seem to get a lot of shoplifitng questions that are Canadian in origin. That's certainly not meant to insult or disparage anyone but it is an observable fact.