It seems like such a simple decision at first.

You look around and all the other store clerks are busy with other customers, no one is looking your way, and the item you want isn’t even worth that much.

So you look around once more, stealthily swipe the item into your jacket pocket, walk around the store for a few more minutes and make an inconspicuous exit.

But then the security guard taps you on your shoulder and the next thing you know the store is pressing charges. It’s only shoplifting, you think. But it’s not that simple.

Petty Theft Can Carry Hefty Consequences

In a world where the intricacies of the legal system can be as convoluted as the most advanced mathematical concept, any criminal charge or conviction can carry a wealth of hidden consequences. Often referred to as the “collateral consequences” of a criminal conviction, these implications can come into play under a variety of circumstances. Whether its limited employment opportunities or a change in legal status, the establishment of a criminal record carries with it far-reaching consequences.

The legal definition of shoplifting differs from state to state, but usually refers to the theft of property which is worth less than $500 and which occurs with the intent to deprive the owner of that piece of property. As a result , whether it’s a $2 dollar candy bar, a $15 dollar CD, or a $100 television, a charge of petty theft can be brought against the perpetrator.

Punishments for Criminal Charges

There are a variety of potential outcomes associated with a criminal charge and they include, but are not limited to: a criminal investigation with no arrest, an arrest but dismissal of the case because of a procedural mistake made on the part of the police, an arrest followed by a plea bargain made with the government where the person pleads “guilty” in exchange for a lighter sentence, an arrest followed by a trial where the person is found “not guilty”, or an arrest followed by a trial and a guilty verdict and conviction. In the case of a guilty verdict or a plea bargain, the result is a conviction and a criminal record is established.

Consequences for Shoplifting

In some rare cases shoplifting-related offenses can carry additional options. It may be possible to ultimately get a charge withdrawn or stayed and thus stave off a criminal record. Such alternative options can depend on the circumstances of the offense, the person’s personal background, and the jurisdiction in which the person was charged. But once again, such alternatives are rare and, for the most part, if a person chooses to shoplift the chances of gaining a criminal record are high.

One of the most troublesome collateral consequences of a criminal record can come into play when employment is considered. Federal law and most state agencies now requires background checks and allow disqualification based on conviction in a wide variety of employment areas including education, healthcare services, child and eldercare, financial institutions and transportation. In fact, according to the Sentencing Project, a non-profit organization recognized for its criminal justice system policy analysis, the inability to find or maintain a job has been one of the main reasons for recidivism.

The capability of employers to run background checks has also increased in recent years with the surge of companies, even some online, offering quick and easy record checks. Thus, a criminal background will almost surely be found and considered in most employment decisions. While more than half of the states bar an employer from disqualifying a potential employee on the sole basis of his criminal record, it is important to note that a wide variety of exceptions exist. In fact, not only do many state laws allow for a multitude of exemptions to such discriminatory practices, but there are few means of enforcement. Therefore, some employers have little incentive to not make employment decisions based on the existence of a candidates criminal record.

Permanence of a Criminal Record

Once someone has been labeled a criminal, it may well be impossible to erase that record. While opportunities for expungement do exist, they are rare, require court filings, and do not necessarily eradicate the conviction for all purposes. In order to get a criminal record expunged, meaning a notation is made in the record which states it is off limits to everyone except law enforcement personnel, numerous applications and guidelines have to be met. The Sentencing Project further reports that while every jurisdiction has at least some way for a criminal offender to mitigate the collateral consequences of a conviction, relief mechanisms such as expungement or pardons, are inaccessible and unreliable to the vast majority of people. Moreover, in many states, the ability to expunge or seal a record is offered only to first offenders, minor offenders sentenced only to probation or misdemeanants. In any case, the establishment of a criminal record is often difficult to eradicate or mitigate.

In retrospect, it may seem as if the choice to shoplift is not so simple and is instead fraught with ever-widening consequences. The decision to shoplift may mean free merchandise in the near future, but can in reality mean a lifetime of employment opportunities eradicated. Once established, a criminal record is often difficult if not impossible to erase, and a free CD or purse may no longer seem worth it.