Ask Me Help Desk - Shoplifting and background checks

My son was 17 when he was picked up for shoplifting in a major chain retail store. No police were involved. They called me to pick him up and we paid restitution to the company. Now he is 18, graduated from High School and looking for a job... for the past 4 months. The problem?. EVERY single place he has applied to uses a background check company called Choicepoint. And every single time we get a letter from them saying he will not be hired due to his shoplifting record... He was never charged with a crime.. he never went to court... his legal record is completely clean... but he can't get a job because of his shop lifting 'record'. I thought only arrests went on record, but I guess not... and when I called to find out when it will be off his background check 'record', they said NEVER!. they said for the rest of his life it will follow him. I don't get it.. he was a minor... he wasn't charged with a crime... he has never had any other trouble... but now the company Choicepoint says the mistake he made as a minor will follow him always... any ideas?

I have no idea because that is not how the law handles it and it sounds like the store took the law into their own hands. I would ask the store for their a copy of their shoplifting procedures and then check with your local laws for violations.

This is one of the issues, he has no official criminal record, if you go to the police dept and run a records check, nothing shows up,
Also at 17 often they are charged as a adult in many crimes or in shoplifting it is done though city court, and those records are not sealed since he was not charged as a minor, had it went to court.

But what is happening today, there are 100's of private search companies, that search "non official" records, keep computer files from all sorts of records, And stores report people who shop lift to to variouis reporting agencies, so while no he has no criminal record, since he did shoplift if they use some of the independent search compnies things not on the police report may show up. Sadly at times they also show untrue things, have people with similar names confused and worst.

As computers relate more and more info, things like this are becoming more and more common,

Thank you both!. I know the law doesn't handle things this way... but Im afraid you are right... the background check company is a private firm... I think they can say whatever they want.. and use that info forever!. My son did something wrong... and believe me.. grounding him until graduation taught him a huge lesson... but this private company seems to think they can punish him for the rest of his life... I completely understand the gravity of his actions... so does he... He just wants to get a job!

Quote:

Originally Posted by Fr_Chuck

This is one of the issues, he has no official criminal record, if you go to the police dept and run a records check, nothing shows up,
Also at 17 often they are charged as a adult in many crimes or in shoplifting it is done though city court, and those records are not sealed since he was not charged as a minor, had it went to court.

But what is happening today, there are 100's of private search companies, that search "non official" records, keep computer files from all sorts of records, And stores report people who shop lift to to variouis reporting agencies, so while no he has no criminal record, since he did shoplift if they use some of the indpendent search compnies things not on the police report may show up. Sadly at times they also show untrue things, have poeple with simular names confused and worst.

As computers relate more and more info, things like this are becomming more and more common,

The difficult part of this also is I see auto insurance companies using these private companies to run background checks and things like this come up which often make a person ineligible for insurance with a particular company - or eligible with a hefty surcharge.

Yeah companies are getting away with too much. You think you have money in your account and then some company withdraws why more than they were suppose to then your stuff bounces and the bank doesn't let you know until they have the charges up to over $100.
Then it messes your credit up bad. Too many people are being victimized with the laws and the technology.