Managing Attorney
In the Houston area, there are hundreds of shoplifting arrests and citations every month. The majority of shoplifting incidents are filed as misdemeanors, but the consequences of a shoplifting arrest can still be severe. As can be imagined, shoplifting is one of the most damaging offenses to a person’s reputation and job prospects, even if jail time is rarely assessed for a first-time offense. But how long does a shoplifting arrest stay on your record? What can you do to protect your record if you have been arrested for shoplifting?
How is shoplifting charged in Texas?
In Texas, there is no offense called “shoplifting.” Shoplifting is treated as a form of theft and the seriousness of the charge depends on the value of the items allegedly taken. As noted above, most shoplifting offenses in the Houston area are filed as misdemeanors, meaning the value is less than $2500. Due to the way theft is defined, an alleged shoplifter can be charged with theft even if they didn’t leave the store or returned the stolen property.
After an arrest for shoplifting, what shows up on my record? Can I remove a shoplifting arrest from my record after an arrest?
After an arrest for shoplifting, your criminal record will reflect that you have been arrested for shoplifting and have a pending case. However, your criminal record will not show a conviction, because you have not been convicted (and the goal is to avoid a conviction altogether). Unfortunately, you cannot prevent the shoplifting arrest from appearing on your record while your case is pending.
How long does a shoplifting arrest stay on my record?
A shoplifting arrest will stay on your record until your case is resolved, which can take several months in the Houston area. What your record shows after your case is resolved will depend on exactly how your case is resolved.
In Texas, your shoplifting arrest could be resolved in several ways, and each could impact your criminal record in a different way. The best possible result is to have your case dismissed or to be found “not guilty” at trial as those two resolutions would make you eligible for an expunction. There are many strategies to get a shoplifting case dismissed in Texas. An expunction is the best possible result for a shoplifting case in Texas as it causes all records relating to the arrest to be destroyed, and the arrest would no longer appear on a background search.
If your case is not dismissed and you do not go to trial, the next best result would be a deferred adjudication probation, as that could entitle you to have your records sealed, if the deferred adjudication probation is completed successfully. Resolving your case with a regular probation or a jail sentence (including a “time served”) would leave a permanent conviction on your record which can never be sealed or expunged.
How do I clear a shoplifting arrest from my record?
In Texas, there are two ways to “clean” your record – an expunction and a non-disclosure (also called sealing your record). As noted above, an expunction is the best way to remove a shoplifting arrest from your record, as it results in the destruction of all records relating to the arrest. But an expunction is generally only an option if your case is dismissed or if you are found “not guilty” at trial.
If you successfully complete a deferred adjudication probation, the next best option is to have your records sealed. Getting your records sealed after a shoplifting arrest does not cause the records to be destroyed, but it does prevent most private employers from being able to see a record of the arrest, and you can even legally deny the arrest under some instances (it is important to understand that only a deferred adjudication probation, and not a regular probation, is eligible to have your records sealed).
The first step to protecting your record after a shoplifting arrest is hiring the right attorney. An experienced shoplifting defense attorney can help your case by challenging the evidence and guiding you through the legal process and your options. If you have been arrested for shoplifting anywhere in the Houston area, Ceja Law Firm is an excellent choice. Call today for a free consultation.
