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mezza123 · May 25, 2007, 01:35 PM

Hi,

I was caught for stealing at walmart. They brought me into the back room and did a police chack. Since it wamy first offense, I was pardoned. They didn't issue me a court date or anything, does this mean I don't have to go to court?. Do pardons show up on your record? I am currenlty looking for full-time work, if an employer does a background incident will they see this incident of theft?

tickle · May 25, 2007, 02:02 PM

If they say you were 'pardoned' then that means you weren't charged, and that means are you okay.

mezza123 · May 25, 2007, 11:28 PM

So If I was released and wasn't told about any court date... does that mean I was only given a warning?. Also, On the "Notice of Apprehension" form I was given, it states that a criminal summons may be obtained by the Police on that charge after the release. What does this mean?. and what is the likelihood of this happening if it is my first ever offense?. also if I am not convicted, my record is still clear right?. So when background checks are done, my record will show up clear right?

Please help me!

ScottGem · May 26, 2007, 03:40 AM

Until you are convicted in a court of law, there will be nothing on your record. It sounds like you were let go with a warning, but they are retaining the right to press charges at a later date. Until the police show up, you are in the clear. The likelihood of the police showing up based on what you have said is slim.

mezza123 · May 27, 2007, 09:14 PM

Thanks for the help. However, if they were going to press charges, wouldn't they have done it right away when the theft occurred?. Why do it at a later date?. If theyare going to press charges how long do they usually wait?. and how does this occur?. letter in the mail?

ScottGem · May 28, 2007, 02:42 AM

Canada works differently than the US. Apparently its not uncommon for stores to take the info, then file it with the police later. Or they might not do anything unless you are caught a second time. There is NO way for us to know what was in the security person's mind or the store's policies.

Based on what you've told us, I doubt is anything will be done.

mezza123 · May 28, 2007, 06:38 AM

I'm pretty sure they didfile the info with the police. But he said it is now in the hands of the police and I will never here from the security officer again. He mentioned that the police can come and charge me if they choose to do so, but it is usually unlikely when a first time offense. The security officer kept mentioning something about a pardon. Ive been told that unless I am convicted, my record is clear, but the security guard mentioned something about being on my record for 7 yrs..? Which is it?

ScottGem · May 28, 2007, 07:16 AM

You can't be pardoned unless you are convicted of something. You can't be convicted of something unless you are charged and either bought to trial or plead guilty. Nothing will be on your permanent record unless you are convicted.

Its possible the store will keep a record for 7 years, but that has nothing to do with background checks.

mezza123 · May 28, 2007, 09:10 PM

How do I know if the Police are going to charge me or not? How long do they usually take to do so if they are going to? Also, I had questions for the security guard and he said the matter was out oof hos hands and he gave me the number of the police officer who he filed the report to and said to ask her questions. Do you recommend I call her and ask her these questions or leave it be?

ScottGem · May 29, 2007, 02:00 AM

No, I recommend you let it drop. I know its nerve-racking not knowing if the police will call, but you are better off not opening a can of worms by calling them. Again, the likelihood is they won't pursue it. The more time goes by, the less the possibility they will charge you. If a week goes by its almost certain they won't.

So just let it go.

mezza123 · May 29, 2007, 09:11 PM

Thanks for all your help!

RyShy · Jul 9, 2007, 06:18 AM

Did you ever receive anything in the mail from the Police? Also did they give you a formal written notice that you could not go back into Wal-Mart? Was it only that Wal-Mart?

I had the same situation, only mine was a complete accident but they didn't care to even hear my excuse. It happened last Thursday and I am freaking out worried if anything further will happen with the police... respond

myiwona · Jul 10, 2007, 12:37 AM

The security guard may or may not submit a crown report to police for their follow up. If they (police) think there is enough, they may then submit to crown counsel for approval of charges. The Crown then decides if there is enough to go on. Howeve, as this is a summary offense, they must proceed within six months from the date of the alleged defense. If you have not actually been charged yet (and you haven't until you are notified and actually have a "first appearance" in court, then no... it will not show up on any record search. Further, the security guard is talking out his butt when he says "on your record for 7 years". If you were actually convicted of an offense... it doesn't go away unless you apply to have it removed.
Worst case scenario sounds like you could get "Diversion" which means no record even though you are considered guilty. More likely... you have nothing to worry about.