Asked 9/20/2016 – San Antonio, TX

So my son was caught stealing from Walmart. It was a class c crime labeled “petty theft”. My son was only fifteen at the time. Walmart, of course, called the police and the police had him sign something that stated he’ll never return to Walmart. Then they asked him for information and took a picture of him off of some device. Afterwards, printed him a citation to appear in court. He was placed on deferred disposition and had to do community service, take an online theft class, and pay court cost. I was just wondering, the picture they took of him, will it forever be on record? He was just a juvenile at the time? I had thought that the picture was only used for the use of Walmart but a friend told me that it could be used for police record. He’s never been in trouble with the law up until now. Could this affect him even though he was just fifteen at the time? He has his whole life ahead of him. Will that picture go away when he gets older? I’d like some additional information as to what the whole deal of the picture even though he was a juvenile at the time, and will this affect him? How can I prevent it from affecting him and protecting his reputation?

Answer

Retail stores now have facial recognition technology in their security cameras. The picture was taken to alert Walmart stores if your son ever attempts to enter one of their properties. With respect to your son’s criminal record, the case will be dismissed if he successfully completes the terms of his deferred disposition. After dismissal, a petition for expunction can be filed which will order all governmental records of the matter be removed. This does not mean, however, that the picture taken of your son by Walmart will just “go away” Contact a local attorney about the expunction once his probation is completed.