Does it count as an arrest?? please help me!!!

I got caught shoplift with unpaid item worth$5 and LP held me in their office. When police came in , she asked me ," you know you are under arrest now?" and then , since It's my first time, police told me," you are lucky, you will not be charged. But I will put it in our system say you got caught. Next time you will be charged." She let me leave half hour later. My question is she actually said "do you know if you are under arrest?" in the end , she said ," I will put it on our system to say you got caught." So, does it count as an arrest? If it's an arrest , how can I erase? In my future, when I apply for jobs, my employers will do some police checks on me. Will this show up On any type of checks? I am really worried about not be able to work!! Please help me!


Asked over 7 years ago in Toronto, Ontario
Categories: Criminal Law

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John P Gustafson

Answer by John P Gustafson

VerifiedBritish Columbia lawyer


You were arrested, but this is very different from having a criminal record.  If you are asked (on a job application, etc.) if you have a criminal record or if you have ever been convicted of an offence the answer is NO.
The police will keep a "record" of your arrest but this is not something that will show up on a typical criminal record check fo employment.

Posted over 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P Gustafson, or search the Lawyer Directory.

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