Sealing or Expungement of Theft Charges in Florida

Any type of theft charge can be sealed or expunged in Florida as long as you meet the statutory criteria for sealing and expungement. The basic criteria to seal or expunge a theft case are:

1. You can't have been convicted (adjudicated guilty) for the case you wish to seal or expunge or any other criminal case ever. A withhold of adjudication on a theft case is something that CAN be sealed.
2. You can't be presently under court supervision (probation, house arrest, etc.)
3. You can't ever have had a criminal record sealed or expunged anywhere, ever.

The most common type of theft charge in Florida is petit theft. This usually involves shoplifting. The amount at issue in a petit theft case is under $300.00. A petit theft case is usually charged as a misdemeanor. I say it is is usually a misdemeanor because if a person has 3 convictions of petit theft, the the 4th charge can be charged as a felony even if the amount at issue is under $300.00.  If the amount at issue is over $300.00 then the person can be charged with a felony grand theft. There are 3 degrees of grand theft which depends on the amount at issue.

What to expect if charged with theft as a first time offender

Most people arrested as first time offenders in a shoplifting case can usually expect the state attorney to offer them a pretrial diversion program. If the person successfully completes the program offered by the state, the charges will be dropped and the person will be eligible to expunge the case. Offers of pretrial intervention are also failry common in grand theft cases as well.

Under no circumstances should a first time theft offender agree to accept an adjudication of guilt or an offer of "credit time served" in order to close a petit theft case. Accepting an adjudication of guilt or "credit time served" offer will result in a criminal conviction which CANNOT be sealed or expunged. This conviction will remain permanently in the person's criminal record. I would advise the person to seek the advice of an attorney before accepting such an offer.