How Long Do Stores Keep Shoplifting Records?

You might remember the days when photos of shoplifters would be plastered on the walls of your local corner store, but what are modern companies doing in response to this kind of crime? How long do stores keep shoplifting records?

Many major retailers keep an electronic database of shoplifters’ faces indefinitely and use facial recognition software to monitor whether or not they return to any of their locations. Smaller grocery stores are more likely to keep paper records but these are becoming less and less common over time.

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How Do Stores Keep A Record Of Shoplifters?

The way that stores keep track of people who have been caught shoplifting has certainly changed over the years.

In the past, it would just be a name written down in a record somewhere, but new technology means that large grocery chains can have a permanent central database that retains the images of everyone that they are keeping an eye on.

Companies will either use images from their internal CCTV cameras, or photographs that were taken by law enforcement or security if the person was actually detained at the time. These are then stored and, if the shoplifter receives a lifetime ban, they can be used at any time to prevent them from returning – or even track them down and press charges.

These digital records are shared across the entire country so that all stores can access that data. It’s even possible for companies to share that data with each other, or with law enforcement, and there’s no reason for those records to be deleted or removed.

This means that causing a single offense could feasibly lead to you never being able to enter one of those grocery stores again, or even other stores as well – and the lack of regulation and clarity about what happens with this data has caused some privacy concerns across the country.

What Constitutes Shoplifting?

The actual definition of shoplifting is “the removal of merchandise from a store without making the correct payment”, but it is possible for someone to commit the offense without actually taking anything from a store.

There are a few things that you can do that may be considered “acts of furtherance”, which may be sufficient evidence that you had the intent to commit the crime before it ever happened. These include:

Altering the price tag on an item.
Removing, or attempting to remove, theft-prevention devices.
Concealing merchandise on your person while in the store.
Taking merchandise out of its packaging and concealing it with other items.

This means that security personnel and staff can actually detain or punish someone for shoplifting (by banning them, for example) without the person leaving with the “stolen” goods. Usually, however, they wait until the offense has been committed so that it is easier to get a conviction in court.

What Happens If You Are Caught Shoplifting?

So, what actually happens if you are caught shoplifting in a store in the US? Well, it does depend slightly on the exact store, as they have different policies in place.

Generally speaking, dealing with shoplifters comes under the remit of Loss Prevention, and their whole purpose is to protect the assets of the company.

To get an idea of what might happen if you’re caught shoplifting, we can look at the Loss Prevention policy and procedure for a large grocery chain like Walmart. In a policy like this, it often states that:

Any manager or associate can surveil, investigate, or detain people who are suspected of shoplifting.
Staff are not instructed to physically intervene but, instead, observe and contact a member of the Loss Prevention team.
Wait to see that the merchandise was visibly removed, concealed, and then taken from the store without payment.
Shoplifters should not be approached until they have left the store.
LP officers may then approach the shoplifter to inform them that they have been identified, let them know if they have been banned from the store, and potentially detain the person if necessary.

Usually, no staff from a store will try to physically detain a shoplifting suspect if they resist instructions. Law enforcement will be called to intervene or actually carry out an arrest.

It’s also important to note that there aren’t currently any rules or regulations in place to restrict how and when businesses choose to put individuals on a watchlist, so there is a lot of room for the system to be abused or applied unfairly.

Will Stores Track Down Shoplifters?

Once the person that has been caught shoplifting actually leaves the store, then there are a couple of things that might happen.

First, the store will usually add them to their internal database, often banning them for life from re-entering any of that store’s locations. This is becoming the norm for a lot of different companies, no matter how big or small. Most large chains operate a zero-tolerance policy and will immediately ban you after your first offense.

Secondly, the police will probably be called. In order to try and retrieve any of the stolen property, prosecute the individual, or simply ensure that a proper record has been kept, most stores will get law enforcement involved as soon as possible.

Often, electronic tracking measures are applied to different products, which will also help the store or law enforcement to track them down.

Because of the level of video surveillance that is available nowadays, they will usually hand over a clear image of the person to the police, along with any other information that they might have.

If they arrive quickly enough, police may attempt to chase and detain the person, or they might take a statement and try to follow up on this later.

How Is Shoplifting Punished In The US?

On the spectrum of criminal activity, shoplifting may seem pretty minor, but it can still carry a pretty significant sentence.

While it does vary by state, shoplifting is usually classed as petty or misdemeanor theft, when the value of the items stolen is less than a certain amount (around $200, depending on the state). The higher the value, the more severe the crime usually is, with the removal of expensive items potentially being considered felony theft.

Accordingly, the severity of the crime will also affect the penalty or punishment that you might receive. Some states consider minor shoplifting to be an infraction rather than a misdemeanor and will only issue a fine as a penalty.

The fine will usually cover:

How much the items were worth
The court fees and attorney’s fees that the store paid during the proceedings
Any financial losses the store suffered
Any civil penalties that are applied

If the crime is considered larceny, or even misdemeanor theft, then it can carry a punishment of up to a year in jail.

This may even increase if it is a repeated offense, or if the value of the items is particularly high. Lawyers can, however, get this punishment reduced to community service and probation.

Does Shoplifting Go On Your Criminal Record?

Although shoplifting is certainly a crime, whether or not it appears on your criminal record will depend on a few different factors.

Whether or not you were arrested. If you were not arrested for the crime or you did not receive a citation, then it will not go on your criminal record – even if you appear on the store’s internal records.
Whether the case went to court. If the case actually goes to court, then it will depend on the outcome. If you are found guilty and convicted, then the offense will appear on your permanent criminal record. If not, then it won’t.
Whether you get your record expunged. If you are arrested and convicted of shoplifting, that doesn’t mean that it will be on your record forever. Once you have completed your sentence and any probation period is over, then it can be expunged.

How Big Of A Problem Is Shoplifting In The US?

The issue of shoplifting has been on the rise in recent years, and it is starting to cost businesses a lot of money.

The National Retail Foundation estimates that companies across the US lost around $95 billion in revenue in 2022 due to lost inventory (which is known as “shrink” within the industry). The biggest increase in shoplifting crimes was incidents of organized theft, which went up by more than 25% from the previous year.

This equals around 1.4% of all retail revenue in the entire country, which is a significant amount of their profits. It’s no wonder, then, that stores are banning any offenders so readily, using extreme measures and advanced technology, and looking to prosecute wherever they can.

Summary

So, how long do stores keep shoplifting records? Well, it depends on the store, but most keep permanent digital records on an internal database.

More and more stores are using CCTV and facial recognition software to keep a record of every offender that they identify, and they will usually get law enforcement involved as well.

There are no rules about how businesses operate their watchlists, and they’re allowed to share that information with each other. You can get a lifetime ban from more than one chain and be taken to court, even if no one actually stopped you.

References

https://www.criminaldefenselawyer.com/crime-penalties/federal/shoplifting.htm

https://nypost.com/2022/12/23/retail-theft-cost-retailers-94-5-billion-in-2021-report/