Can I Get a Criminal Record for Theft Under $5000 or Shoplifting?

In Canada, having a criminal record can negatively impact various aspects of an individual’s life. Those with a criminal record may be barred from working in certain industries or with certain populations or may have difficulty maintaining gainful employment. Employers are often reluctant to hire individuals with a criminal record and some employers may even terminate existing employment as the result of a criminal charge or conviction. A criminal record may also limit an individual’s ability to volunteer with certain populations or limit their ability to participate in community programs.

In addition to affecting employment and volunteer opportunities, those with a criminal record may also experience negative consequences with their immigration status. For those attempting to immigrate to Canada, being convicted of a criminal offence can negatively impact an application for Permanent Residency. Those convicted of serious offences may have their application denied or revoked.

Canadian’s with a criminal record may also have difficulty travelling outside of Canada, especially to the United States. The United States and many other countries around the world reserve the right to deny entry to anyone who has committed a criminal offence. Those convicted of certain offences may be barred permanently from entering the United States. Other travellers may require a Waiver of Inadmissibility, allowing them to enter the U.S. on a temporary basis.

As a result of the serious implications that accompany a criminal record in Canada, it is important to protect your rights from the outset if you have been accused of a criminal offence. With any criminal offence, there is a very real possibility that the accused will be convicted and will have a criminal record as a result. Whether or not a criminal conviction can be avoided will depend on a number of factors including the type of charge laid and the severity of the allegations.

If you have been charged with fraud or theft you may be able to avoid a criminal record. Open receiving your case file the Crown will review the allegations and determine their position on the case, including the appropriate sentence. If the file has been screened for a criminal record, legal counsel may be able to negotiate with the Crown or provide further evidence in an attempt to create reasonable doubt. Where reasonable doubt exists, the Crown is more likely to agree to a resolution that does not include a criminal record.

If you have been charged with theft or fraud and wish to avoid a criminal record it is important to consult with legal counsel as soon as possible. Donich Law can assist you in reviewing disclosure to determine the most appropriate defence strategy. We combine risk management, negotiation, and litigation to achieve favourable results for our clients.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

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Frequently Asked Questions

Will I go to Jail for Theft or Shoplifting?
Will I go to Jail for Fraud?
How are Sentences for Theft, Shoplifting and Fraud Determined?
How will a Criminal Record Impact my Life?

Additional Resources

Assault
Assaulting a Peace Officer
Sentencing Factors
Keeping Your Charges Private
Release from Police Custody
Theft From Your Employer
Resolving Shoplifting Charges
U.S. Waivers
Vulnerable Sector Screening
Consequences of a Criminal Record
Immigration Consequences
Elements of a Crime
Your Rights

Will I go to Jail for Theft or Shoplifting?

In Canada, an individual who is caught shoplifting will be charged with theft under section 322(1) of the Criminal Code. Where the value of the goods shoplifted is more than $5,000, the accused will be charged with theft over $5,000 which is punishable by a maximum of between 2 years less a day in prison and 10 years in prison. Where the value of the goods shoplifted is less than $5,000, the accused will be charged with theft under $5,000 which is punishable by a maximum of two years in prison.

An individual who steals in another context may also be charged with theft. For example, an individual who steals an item from another individual may be charged with either theft over $5,000 or theft under $5,000 depending on the value of the item. An individual who steals a vehicle may be charged with motor vehicle theft under section 333.1(1) of the Criminal Code.

Whether or not an individual will be sentenced to jail for a shoplifting or theft offence will depend on a number of factors. The value of the items taken, the circumstances surrounding the offence, the criminal record of the accused and any other aggravating or mitigating factors present in the case will all be considered.

In some cases, it may be possible to do up front work to avoid a criminal record. This is especially true where there are mental health concerns with the accused. If you have been charged with theft and you goal is to avoid a criminal record, it is important to have experienced legal counsel on your side. Donich Law regularly secures diversions or discharges for our clients charged with theft offences.

Will I go to Jail for Fraud?

In Canada, an individual who is charged with fraud will be charged under section 380(1) of the Criminal Code. Depending on the value of the fraudulent activity, an accused may be charged with either fraud under $5,000 or fraud over $5,000. Where an accused commits fraud valued at under $5,000, they will be charged with fraud under $5,000 and the maximum penalty that may be imposed upon convicted is two years in prison. Where the value of the fraud is over $5,000 the accused will be charged with fraud over $5,000 and may be sentenced to maximum of fourteen years in prison.

Whether or not an individual charged with fraud will be sentenced to a period of incarceration will depend on a number of factors. When the Crown received a case file, they will screen it to determine the appropriate sentence based on the information in their possession. Where an accused is charged with a low-level fraud offence it is likely that the Crown will screen it for something less than prison. In these situations, the Crown may offer a sentence of probation, community service, restitution and/or a fine.

Where the file is originally screened for a jail sentence it is possible to present evidence to the Crown to add context to the offence or demonstrate that the actual loss to the complainant is less than what the Crown had indicated. An experienced lawyer can negotiate with the Crown to attempt to get a lower offer on sentence.

In situations where the accused is not willing to take a plea deal based on the Crown’s offer, the sentencing court will determine the appropriate sentence. When determining the appropriate sentence, the court will consider the facts of the case, the criminal history of the accused, the nature and severity of the allegations and any other aggravating or mitigating factors that are present.

How are Sentences for Theft, Shoplifting and Fraud Determined?

As outlined in the sections above, there are many factors that are considered when determining the appropriate sentence for an offender. Due to the wide spectrum of criminal behaviour, sentences from one offender to the next, even for the same offence, can vary significantly.

When determining the appropriate sentence for an individual charged with theft, shoplifting or fraud the court will first look at the allegations and the evidence against the accused. Where the allegations are serious or the value of the theft or fraud is high, the court will impose a more severe punishment. The court will also consider the criminal history of the accused. Where an accused has a prior criminal history, the court is more likely to impose a harsher penalty.

The court will also consider all other aggravating or mitigating circumstances in the case. For example, an individual who abused their position of power to commit fraud may be sentenced more harshly. Conversely, an individual who committed a theft to feed their hungry children is more likely to be offered diversion or a discharge.

Experienced counsel can make submissions on your behalf regarding an appropriate sentence. It is important to make the Crown and the court aware of any and all mitigating circumstances to ensure the most appropriate sentence for the accused.

How will a Criminal Record Impact my Life?

As outlined above, a criminal record can seriously impact various aspects of an individual’s life. One of the largest consequences of a criminal record is difficult attaining or maintaining employment. A large portion of Canadian employers require prospective employees to pass a background check. In most cases, employers are reluctant or unwilling to hire those with a criminal record. Employer’s may also terminate the employment of existing employees who are charged with a criminal offence in some circumstances.

Employment consequences are even more pronounced when the offender is a professional. Many professional regulators such as the College of Nurses of Ontario or the Ontario College of Teachers require their member’s to self-report certain criminal behaviour. This means that if an individual charged with a criminal offence is a professional, they may be required to report their arrest to their regulator. Failure to do so may be considered misconduct in some cases. Once a professional regulator is aware of criminal charges against one of its members it will often launch an investigation of its own to determine whether the accused has committed professional misconduct. If the accused is found to have committed misconduct the regulator could sanction them accordingly, including suspending or revoking their license to practice their profession.

In addition to these consequences, those with a criminal record may also have difficulty travelling, especially to the United States. The U.S. may refuse entry to anyone who has committed a criminal offence. Those who have been refused entry into the United States because they are inadmissible as a result of a criminal record may apply for a waiver of inadmissibility which will allow temporary entry if granted.