Shoplifting may seem like a minor lapse in judgment, but in Alberta, it carries serious legal consequences, including the risk of a criminal record.
If you’ve been caught shoplifting, the first question that often comes to mind is: Will I end up with a criminal record?
The answer depends on several factors, including the value of the item, the circumstances of the incident, and your criminal history. But one thing is certain: speaking to an experienced theft lawyer is essential if you want to protect your future.
In this guide, we’ll explore the legal definitions, potential penalties, and real-world implications of shoplifting charges in Alberta.
What Counts As Shoplifting Under Canadian Law?
In Canada, there is no separate offence called “shoplifting” under the Criminal Code. Instead, it falls under Section 322(1) of the Criminal Code, which deals with theft:
Section 322(1), Criminal Code: “Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to their use or to the use of another person, anything whether animate or inanimate, with intent… to deprive, temporarily or absolutely, the owner of it.”
If someone takes merchandise from a store without paying, intending to deprive the store of the item, they’ve committed theft, regardless of the item’s value.
Is Shoplifting Considered A Criminal Offence In Alberta?
Yes. Shoplifting is a criminal offence, not a bylaw infraction or civil matter. Being charged, even for a low-value item, means you are facing prosecution in criminal court, and if convicted, it may result in a permanent criminal record.
There are two primary classifications based on the value of what was stolen:
- Theft under $5,000: Summary or hybrid offence
- Theft over $5,000: Indictable offence
Most shoplifting charges fall under the “theft under $5,000” category. This is still a criminal offence under Section 334(b) of the Criminal Code, and a conviction will appear on your criminal record.
Will You Automatically Get A Criminal Record If Caught Shoplifting?
No, but it is highly likely unless you take proactive legal action.
Here are the three possible outcomes after a shoplifting charge in Alberta:
1. Diversion Program (Alternative Measures Program)
If it’s your first offence, and the value of the stolen goods is low, the Crown may offer a pre-charge or post-charge diversion. This is not guaranteed; it is discretionary. Diversion may involve:
- Restitution (paying back the store)
- Community service
- A letter of apology
Once the conditions are met, the charge is withdrawn. No conviction. No record.
2. Peace Bond
Another possible outcome is a Section 810 Peace Bond, which is a court order to keep the peace and be of good behaviour. This is not an admission of guilt, and if granted, your shoplifting charge may be withdrawn.
3. Plea Or Trial
If you plead guilty or are found guilty at trial, a conviction is entered, and you will get a criminal record. Even if it’s theft under $100.
What Happens If You’re Convicted Of Theft In Alberta?
For theft under $5,000, the maximum penalties under Section 334(b) are:
- Up to 2 years imprisonment (if prosecuted by indictment)
- Up to 6 months in jail and/or a $5,000 fine (if summary conviction)
In practice, first-time offenders rarely go to jail, but the consequences are still serious:
- A criminal record can affect employment, travel (especially to the U.S.), immigration status, and professional licenses
- Your fingerprints and photo will remain on police files
- You may be subject to probation, restitution, or community service
Can You Get a Shoplifting Charge Removed From Your Record?
If you’re convicted, the only way to eventually clear your record is through a record suspension (formerly known as a pardon). Eligibility typically begins 5 years after sentence completion, and the process is costly and time-consuming. Prevention, with help from a knowledgeable theft lawyer, is always the better path.
What Should You Do If You’ve Been Caught Shoplifting?
- Do not admit guilt or sign any statements without speaking to a lawyer. Loss prevention officers may pressure you to “explain yourself.” You are not legally required to talk to them.
- Speak with a theft lawyer immediately. Early legal advice can lead to better outcomes, such as diversion or a withdrawn charge. A skilled criminal defence lawyer can challenge evidence and also negotiate with the Crown before your first appearance.
- Keep documentation. Save any receipts, notes, or letters you’re given by store security or police. These will help your lawyer prepare your defence.
About Daryl Royer – Criminal Defence Lawyer In Edmonton
Daryl Royer is a seasoned criminal defence lawyer based in Edmonton, Alberta, with years of experience defending clients charged with theft, fraud, assault, impaired driving, and other serious criminal offences.
His firm is committed to protecting the rights of individuals facing criminal charges and delivering strong, strategic defence representation.
If you’ve been charged with theft or shoplifting, contact Daryl Royer today to schedule a consultation and discuss your legal options.