I was working at walmart and was arrested for theft under 5000 for a period of about 1 month or two although I worked there for 6 months I admitted to what I stole which was around 500 dollars and am going to court in two weeks am I still eligible for the diversion program since it is theft from an employer

This is my first offence and I don't have a record or anything and I'm from saskatchewan

Any advice I could get really would help I just want to know what kind of punishment I'm looking at and what the best thing is to do just to put my mind at ease please help anyone!

We're volunteers here - we answer questions in the order we find them, as quickly as we can.

Following is info I wrote on the Canadian diversion program. People have posted before that Walmart has a "no tolerance" policy and prosecutes; also, employee theft is NOT covered under the diversion program.

“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satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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.”

OK so am I able to pay restitution or something or what am I looking at and can I clean my record after so long?

That depends on the Judge and your sentence - you undoubtedly will be ordered to repay the money you stole. No one knows 100% what will happen - but, as I said, Walmart prosecutes. Walmart in the US - and in Canada from what I've read - will not play "Let's make a deal."

The process in Canada of obtaining a pardon is lengthy and there are certain time constraints/restrictions. There are also crimes which do not qualify. Several firms specialize in this - here's just one of them and I am NOT making a recommendation. Understanding Criminal Records (http://www.johnhoward.ab.ca/PUB/A5.htm)

I realize you are waiting for a response from Excon so let's see what he has to add.

In the meantime, please do not keep posting the same question on more than one thread.

OK thank you, your advice is appreciated

OK so mediation services has contacted me and said they will be helping me work this out if I am ordered to pay restitution can I still get rid of my record does anybody know?

Did you read what I posted? "This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record)."

OK thank you that's awesome thank you so much for your advice that puts me at ease because my court is in a few days

Hi there
I have a similar case as you.would you mind if I ask you what happened to your case and did you hire a lawyer?

He hasn't been back since he posted the question.

Did you give us the info we requested about your arrest?

No I did not hire a lawyer or anything like that if you are not referred to mediation I would suggest you hire a lawyer but find out if you are referred to mediation first or not also did you have a record prior to this because I didn't that's why I was referred to mediation

Please - you are answering very old threads and using text speak, both discouraged on the legal boards.

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