A shoplifting charge is criminal — take it seriously.
Theft is a criminal charge, not just a store matter, and paying the store's demand letter won't make it disappear. But for a first offence there are ways to avoid a record. Here's what to do — and what not to.
Free. No payment to start. This is information, not legal advice.
In 30 seconds, here's what's true
- Theft under $5,000 (which covers most shoplifting) is a criminal charge. It can lead to a criminal record that affects travel, jobs, and immigration.
- Paying the store's civil demand letter does NOT make the criminal charge go away. Only the police and Crown decide charges — the two are separate.
- You have the right to remain silent and the right to a lawyer. You don't have to explain yourself to police or store security.
- For a first, minor offence, a diversion program may let you avoid a criminal record by doing community service or counselling.
- Free duty counsel and Legal Aid can help, even with a 'minor' charge. Don't assume it's too small to need advice.
How the process works
Stay silent and ask for a lawyer
You have the right not to answer questions from police or loss prevention. Politely say you want to speak to a lawyer, and don't try to explain or apologize your way out.
Don't pay the store's demand letter assuming it helps
Stores often send letters demanding money to avoid 'further action.' That's a separate civil matter, and paying it does nothing to resolve the criminal charge.
Get legal advice right away
Talk to duty counsel, Legal Aid, or a criminal lawyer — even for a first, minor charge. They can spot defences and diversion options you won't know about.
Ask about diversion
For a first, low-value offence, the Crown may agree to divert your charge — you do community service or counselling, and the charge is withdrawn with no record. It isn't automatic.
Protect yourself from a record
A criminal record affects US travel, jobs, and immigration. Avoiding one is often the real goal. Start a free PLAIN session and we'll point you to legal help.
What to do next
- Stay silent and ask to speak to a lawyer.
- Don't explain or apologize to police or security.
- Don't assume paying the store's letter ends the charge.
- Write down what happened while it's fresh.
- Contact duty counsel or Legal Aid right away.
- Ask whether you qualify for a diversion program.
- Show up to every court date.
- Aim to avoid a criminal record, not just resolve the charge.
Common myths
| Myth | Reality |
|---|---|
| Shoplifting isn't a real crime. | It is. Theft under $5,000 is a criminal charge that can give you a record affecting travel, work, and immigration. |
| If I pay the store's civil demand letter, the charges go away. | No. The civil letter and the criminal charge are completely separate. Only the police and Crown decide charges. |
| A first offence means no record. | Not automatically. You avoid a record only if you're diverted, discharged, or found not guilty — so get advice. |
| I don't need a lawyer for a minor theft charge. | You do. Even a 'minor' charge can lead to a record. Duty counsel and Legal Aid can help for free. |
| I have to talk to the police or loss prevention. | You don't. You have the right to remain silent. Anything you say can be used against you. |
| Diversion happens automatically. | No. The Crown has to agree, and eligibility usually depends on it being a first, low-value offence. A lawyer can help you ask. |
| A criminal record disappears on its own. | It doesn't. You have to apply for a record suspension (pardon) to clear it later. |
| Store security can't detain me. | They can make a citizen's arrest if they catch you, using reasonable force, and must hand you to police promptly. You still have the right to stay silent. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
Free. No payment to start. This is information, not legal advice.