Does shoplifting go on your record in Australia?
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Does shoplifting go on your record in Australia?
Yes, shoplifting does go on your record. Shoplifting falls under larceny, with six elements needed to prove a finding of guilt.
The elements needed are:
- The property belongs to someone other than you
- You have taken and carried away the property and
- You did not receive the consent from owner
- You intended to permanently deprive the owner
- You had no claim of right made in good faith
- The property was taken dishonestly
There are defences to shoplifting. If your matter falls under one of the defences shoplifting will not go on your record. Our experienced criminal lawyers can strategies to obtain a non-conviction outcome such as, a section 10 or a Community Release Order without conviction.
To find out if these apply to your matter, call us today on (02) 8084 9929 for a free initial consultation.
Frequently Asked Questions
1) Does shoplifting go on your record in Australia?
Yes — shoplifting can go on your criminal record if you are found guilty and the court records a conviction.
Shoplifting is generally treated as larceny (theft), and a conviction may appear on your criminal history.
2) What does the prosecution need to prove for shoplifting (larceny)?
To prove shoplifting, the prosecution generally needs to establish six elements, including that:
The property belonged to someone else
You took and carried away the property
You did not have the owner’s consent
You intended to permanently deprive the owner of it
You had no claim of right made in good faith
The property was taken dishonestly
3) Are there defences to shoplifting charges?
Yes. There are legal defences to shoplifting, and if your case falls within one of them, you may be able to avoid a guilty finding — which can mean no criminal record.
4) Can you avoid a conviction for shoplifting?
In many cases, yes.
Depending on your circumstances, it may be possible to seek a non-conviction outcome, such as:
A Section 10 (no conviction recorded), or
A Community Release Order (CRO) without conviction
These outcomes can allow you to move forward without a recorded conviction, even if the court finds the offence proven.
5) What should I do if I’ve been charged with shoplifting?
You should get legal advice as early as possible.
A lawyer can assess whether a defence applies, what evidence exists, and whether you may be eligible for a non-conviction outcome.
Call (02) 8084 9929 for a free initial consultation.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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