A shoplifting accusation can lead to a criminal case and to a civil demand letter from the store. Handling both carefully is important.
Criminal consequences
Shoplifting is theft. Many first offenses involving low-value items are misdemeanors with fines, community service or diversion programs, while higher values can be felonies. A conviction can affect jobs, housing and immigration status.
Civil demand letters
Retailers or their law firms often send letters demanding a payment, sometimes a few hundred dollars, in addition to any criminal case. Some states allow stores to recover statutory damages. A demand letter is not a court judgment, and you are not required to pay it, but ignoring it can lead to a civil lawsuit.
What to do
- Do not admit anything to store security or police without a lawyer.
- Do not sign anything the store gives you without understanding it.
- Keep all paperwork and court notices.
- Talk to a criminal defense lawyer about diversion or dismissal options.
- Consult a lawyer about whether the civil demand is lawful in your state.
Clearing it later
Many people can ask the court to seal or expunge records after completing programs or waiting periods. See our guide to expungement and record sealing.
Frequently asked questions
Can a store detain me?
Many states allow stores to detain suspected shoplifters briefly and reasonably.
Will a diversion program clear my record?
Often yes if you complete it, but rules vary by court.