Here is something I wrote about diversion - it varies from Province to Province but I see no indication that it is NOT limited to first time offenders. The idea is to give people arrested a first chance; everything I find says repeat offenders (and it stays on your record) are not eligible.

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satisfaction of the Crown’s Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.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

That eases my mind! I hope my experience is like yours! I am losing sleep and everything over this but nothing like this has ever happened to me and I'm terrified of a criminal record since I can't have one for work (gets checked yearly!) This is definitely a one-time mistake that will NEVER be repeated!

So, this JUST happened to me 2 hours ago. I made a very stupid mistake and am now wondering what kind of trouble I am going to have in the future.
What happened was I took 90.00 dollars worth of beauty products from a very large chain of grocery stores. I admit that this was beyond stupid and I do realize that. HOWEVER, the amount was UNDER 100.00 and yet I got arrested by the loss prevention officer of the store (is it really arrest if it's not a police officer? ) and they released me saying that I would be getting a summons by mail for court.
Is there a way to deal with this WITHOUT it showing on my record? Or when I go for Criminal Record Checks for future employment? (Can it be expunged?)

Where? In Canada? Yes, you can be arrested for ANY shoplifting, any amount.

Need to know where.

Thank you so much this has actually helped me calm my nerves thank you.

JudyKayTee , it happened in Winnipeg in Safeway. The occurrence was January 20 2011. Two days after that I mailed an apology letter to the management and said how sorry and stupid it was. I have NOT re-offended in any way. As of this writing (Sep 29 2011) I have yet to hear anything. No summons, no letters. I figured maybe my letter worked and the store decided NOT to prosecute me. My friend seems to think otherwise and that I may have slipped through the cracks of the system.

I don't know what to do.

Anyone have experience with this...
I am newly enrolled in a health care program-Ontario College, and my police check revealed that 5 yrs ago (when I thought I was cool), I was a "person of interest" fingerprinted, NEVER charged, never even went to court, NOTHING... I was dating someone who got busted for coccaine possibly dealing, I really don't know the details. Anyway, I didn't have any involvement at the time with him and that was the end of it from the law point of view.
Fast forward 5.5yrs later, and now my prof is stating that this "will be a problem for future employment, possibly even placement during the course load" How can that be? I never EVER even went to court or anything, and the police report reflects all of this. I don't know how to fix this... any ideas, advice?

Hi there,

If you were not charged or convicted, you can get your record expunged. If it was only an arrest it will not show on your CPIC (Vulnerable sector) AFTER you've had it expunged.

It will be available in your local police database however.. but not available for release to just anyone.

Call your police department, they'll be able to assist you with the purging process.

@boytoy77 (or anyone who can help):
I am over 18 and have been charge for theft under $5000 at Superstore. The Same situation happened to me and have the same questions you do. The LP worker told me the police were coming to take my fingerprints, question me, file a report, etc. But the only thing that happened was I heard the LP worker calling someone and giving them my info (filing a report, I guess). When he came back he mentioned I'd get a summon but I don't know if this is actually happening since I thought a more formal report may have needed to be done for this.

Did you eventually receive the summon letter? If so, do you have any idea when I should be expecting it? If you went to court, could you please share your experience.

Thanks.

I was caught when my girlfriend was with me, she was detained by store staffs as well. I am 100% sure that the store has no proof to charge her as she didn't touch those clothes at all. But when police came they gave both of us blue forms, notice to appeal, for two set dates to get finger prints and court appearance. How can they charge her and how can she fight for it We both have no criminal records.

You'd have to ask the Police how they can charge her. Perhaps she is being charged as a lookout or accomplice.

You were charged because the store thinks you were stealing.

She can get an Attorney and fight the charge.

Is an Attorney a must? My plan is that I will plead guilty and hopefully will get a diversion at the first court appearance as this is my first. I think my wife can plead not guilty and a trial may be set as the store has to prove that she was committed a crime, right.

I was the one taking a purse from its counter and handing it to her; then I said I paid for it and she is free to use it right away. She trusted me and used it in the store. The store may only has a video showing that I passed the bag to her. That is it. What do you think? Great thanks!

I think it will appear that she was an accomplice. You handed her the purse in the store and said you paid for it and she believed you?

Yes, ask the Crown Attorney about diversion. Question is - if your wife is innocent is she willing to plead guilty and accept diversion?

She intends to plead not guilty and I told her that she may win if we she hires an attorney. I will pay for it of course. What do you think? I ask her to see how probation officer says on that day and decide to plead yes or not. Me, for sure will ask for a diversion. What is my chance? Do I need an attorney as well? Your time is appreciated.

A bit more details here is that the purse counter is about 150' away from where I passed it to her, so she had no idea what I did for that 10 minutes as we were not walking together. I told her I would look for something else. Is it hard to convince court judge that she was innocent?

I don't know about a Judge, but I'm not convinced of her innocence.

You were shopping together, you were ahead of her, you turned around and handed her a purse and said you had bought/paid for it for her - and she didn't wonder how you paid and she didn't notice?

Thanks for your comment. Your assumption is valid and it will be hard to convince a judge for sure. What about me, is a diversion possible? If I don't get it, will it be too late to get an Attorney to appeal? I just got a feel that it is highly possible so an Attorney may not be necessary in the appearance at court in Alberta. Thanks again!