Diversion Programs for First-Time Shoplifters in Illinois

 Posted on January 12, 2026 in Retail Theft

As of 2026, diversion programs continue to be used in Illinois for lower-level retail theft cases, especially when the person has no prior criminal record. In a 2025 report from the National Retail Federation, retailers across the United States reported an 18 percent increase in shoplifting incidents compared to the prior year.

First-time shoplifters in Illinois may qualify for diversion programs that allow them to resolve the case without a criminal conviction if certain conditions are met. For someone facing a first shoplifting charge, the situation can feel overwhelming. If you are in this situation, a Lake County, IL shoplifting defense lawyer can help determine whether a diversion program may be an option.

What Is a Diversion Program for a Shoplifting Charge?

A diversion program is an alternative to the normal criminal court process. Instead of continuing with prosecution, the court allows the person charged to complete certain requirements, such as restitution or community service. These requirements are meant to address the conduct and show the court that the person is unlikely to reoffend.

Keep in mind, diversion is not automatic. Prosecutors and judges must agree that it is appropriate based on the facts of the case. Your attorney also may be able to argue for it on your behalf.

Who Is Eligible for a Shoplifting Diversion Program in Illinois?

Eligibility depends on both the person’s background and the details of the alleged theft. Diversion programs are usually limited to first-time offenders or people with very limited criminal histories.

Prosecutors may also look at:

• The value of the merchandise involved

• Whether force, threats, or repeated conduct is alleged

• Any prior criminal record not related to retail theft

Even when the charge seems minor, eligibility must be reviewed carefully.

How Does Illinois Law Treat First-Time Retail Theft Charges?

Shoplifting is charged as retail theft under Illinois law. Under 720 ILCS 5/16-25, retail theft may be charged as a misdemeanor or a felony depending on the value of the items and other factors.

Many first-time shoplifting cases are charged as misdemeanors. These cases are more likely to be considered for diversion, but prosecutors still review the evidence before agreeing to that option.

What Does a Shoplifting Diversion Program Usually Require?

Each diversion program has its own rules, but most include similar conditions. The goal is to address the behavior and prevent future charges.

Common requirements include:

• Completing a retail theft or anti-theft education course

• Performing community service

• Paying restitution or program fees

• Remaining arrest-free during the program period

If the requirements are not completed, the case may return to court.

Can Diversion Help You Avoid a Criminal Record in Illinois?

In many cases, diversion programs can help you avoid a criminal record. Successful completion of a diversion program often leads to dismissal of the charge or resolution without a conviction.

That outcome can make a major difference when applying for jobs, school, or housing. However, diversion does not automatically erase the arrest itself. In some situations, record sealing or expungement may still be needed later.

When Aren’t Diversion Programs Available in Illinois?

Diversion is not offered in every shoplifting case. Prior theft convictions, higher-value merchandise, or allegations of organized retail theft may make diversion unlikely.

Prosecutors may also deny diversion if they believe the case should move forward in court. This is why legal guidance is important, even for first-time charges.

How Can a Lawyer Help With a Shoplifting Diversion Request?

Requesting diversion involves more than asking for a second chance. A lawyer can communicate with prosecutors, present mitigating information, and explain why diversion is appropriate. This may include reviewing store reports, video footage, and police records to ensure the charge is accurate and supported by evidence.

Schedule a Free Consultation With a Libertyville, IL Retail Theft Defense Attorney

A shoplifting charge does not have to define your future. The Law Offices of Matthew R. Gebhardt, P.C. can help you understand whether a diversion program is available and how to pursue it. Attorney Gebhardt has over 20 years of experience and previously worked for the Cook County State’s Attorney’s Office as a prosecutor. He has broad experience in criminal and real estate law in Illinois.

If you have concerns about fighting a retail theft charge, call 847-239-4703 to schedule your free consultation with a Lake County, IL shoplifting defense lawyer to discuss how we can protect your record.