Petty Theft: Stealing at Sephora and the Beauty of Diversion

Common Sephora Theft Stories in Court

I’ve seen a lot of petty thefts from Sephora end up in court.  Makeup, perfume, face creams, taken from Sephora, stashed into a purse, pocket, or bag.  The person who took the merchandise is caught, and then prosecuted by the district attorney’s office.  Most of the time too, the person caught stealing items at Sephora, those items are returned back to the store, and the person leaves empty handed, except for a notice to appear to attend court for their arraignment in the said stealing.  

No criminal history – help!

Sometimes, the person who was caught stealing, does not have a criminal history.  The person who is caught stealing is a college student, someone who just lost their job, made a mistake, did not listen to their better judgement.  In which case, one does not want a conviction or theft on their record.  Petty theft is a crime of dishonesty, and one does not want a crime of dishonesty on their record!  

Licensing

Speaking of a crime of dishonesty, this small but heavy mistake may affect one’s current or future professional career.  When applying for a medical license, a legal license, real estate license, the list goes on.  Or, the petty theft could impact your career now.  This is something that needs to be taken care of now, so as to now affect your life.  

Petty theft – the Specifics

Petty theft is a misdemeanor offense that carry a sentence of up to six months in jail, court fines up to $1,000, restitution (if the property one has sold has not been recovered, the amount that was stolen), and a stay away order from the place the item was stolen from. 

The items/property stolen must be less than $950.  If it is over $950, it will be elevated to a grand theft, felony.  

Diversion – Deferred Entry of Judgment (DEJ)

This is where Diversion comes in.  If this is your first time being charged with a petty theft, and have no criminal history, the district attorney likely will agree to what is called, “Deferred Entry of Judgement.”  You basically go to court, or you have your attorney go to court for you, and negotiate a deal where there is no conviction for the petty theft on your record.  The conditions of this agreement generally include, a petty theft class or classes, pay the restitution if applicable (this is where the items were not returned), stay away from the establishment where the item(s) were stolen from, and obey all laws for 3-6 months.  If you are able to do all that, at the next court date, the district attorney will dismiss your case!

The petty theft class is very specific to Orange County and the district attorney will be asking you to complete this specific course.  However, let’s say you do not live in Orange County, live out of state or out of the country.  Sometimes, the district attorney will allow you to pay a certain fee or donation to the victim-witness fund, and dismiss once you make that payment.  

Dismissal!

The goal for getting a petty theft with no criminal history is to get your case dismissed!  Despite being embarrassed for what you have done and despite the fact that you do not want anyone to know about what you have done, an experienced and knowledgeable attorney can help you get through this debacle, without you having to go to to court.  You just need an attorney who knows of the nuances of the DAs and Court systems in Orange County to get you the most favorable result.