You can expunge a Florida shoplifting arrest under Florida Statute 943.0585 if no charge was ever filed, or the charge was dropped, dismissed, or ended in an acquittal, and you have never been adjudicated guilty of a criminal offense in Florida. A conviction cannot be expunged. Until a judge signs the order, the arrest stays a public record that anyone running a background check can pull.
Criminal charges are public records, and potential employers can see these charges. Employers are often hesitant to hire individuals who have theft crimes on their records. Don't take the chance of these charges negatively impacting your future. Learn how to get shoplifting off your record today.
At Weinstein Legal Team, a criminal defense attorney for shoplifting will guide you through the process of having these charges expunged. Once a judge expunges a crime from your record, it will no longer be visible to anyone who runs a background check on you. You will not have to worry about embarrassing questions regarding your past or having to explain yourself to potential employers or landlords.
Shoplifting Arrests vs. Shoplifting Convictions
Shoplifting arrests and shoplifting convictions are not the same things. A police officer may arrest you for a crime, but a judge or jury must affirm your guilt and convict you. However, other individuals may still see your criminal arrest record even without a conviction. It may be noted that a judge did not find you guilty, but it can still tarnish your reputation.
Before a judge can be asked for anything, you have to hold a certificate of eligibility from the Florida Department of Law Enforcement. Florida Statute 943.0585(2) requires an application to FDLE, a certified copy of the disposition of the charge, a written certified statement from the state attorney confirming how the case ended, and a $75 processing fee. The certificate is valid for 12 months from the date FDLE stamps it, so the petition has to be filed inside that window.
Under Florida Statute 943.0585(1), you may petition to expunge a Florida criminal history record if:
- No charge was filed, or the charge was dropped, dismissed, or ended in an acquittal or a not-guilty verdict
- You have never had a Florida record sealed or expunged before
- The offense is not on the ineligible list in Florida Statute 943.0584
- You have never been adjudicated guilty of a criminal offense in Florida, and you are no longer under court supervision in this case
Juvenile Shoplifting Arrests
Please do not assume that because your shoplifting arrest took place when you were under the age of 18, it will disappear from your record once you are an adult. In Florida, this is not the case. If law enforcement arrests you as a minor, you still need to know how to get shoplifting off your record.
If a minor is arrested for shoplifting, the state attorney will often route the case into a juvenile diversion program instead of prosecuting it. Florida Statute 943.0582 then requires FDLE to expunge the nonjudicial arrest record once the minor completes that program. There is no waiting period. What the statute asks for is an application signed by a parent or guardian, a written statement from the state attorney for the county where the arrest happened certifying that the county diversion program was completed, and confirmation that the minor has never been charged with or found to have committed any other criminal offense. Forcible felonies and felonies involving a firearm or weapon are excluded.
Contacting a lawyer is the best way to go about having a record expunged. There is a lot of tedious paperwork involved, and the courts often put up red tape that can delay the process. An experienced lawyer will know how to speed the process along and ensure that the arrest comes off your record as soon as possible. Talk to an attorney as quickly as possible to learn how to get a shoplifting charge expunged.
Florida does eventually purge a juvenile criminal history record, but later than most families assume and not at the ages people repeat. Under Florida Statute 943.0515(1)(b)1., the record is kept until two years after the minor turns 19 and is expunged then, which is age 21. A minor classified as a serious or habitual juvenile offender, or committed to a maximum-risk residential facility under chapter 985, keeps the record until five years after turning 21, which is age 26. Florida Statute 943.0515(1)(b)2. also lets someone who is at least 18 and under 21 apply to FDLE early, with a $75 fee and a full set of fingerprints, if the state attorney for each circuit involved approves and there has been no new charge in the previous five years. Waiting costs you the jobs and the college applications in between.
How Long Does a Shoplifting Charge Stay On Your Record?
If you are a minor, a shoplifting charge may stay on your record for quite some time if you do not go through the expunction process. If you are an adult, the criminal arrest will appear on your record permanently without hiring an attorney to help guide you through the process of how to get shoplifting off your record.
What this means is that if you are over the age of 18 when you receive charges, the record will follow you around forever. Ten years down the road, someone may still see the arrest. Don't let this happen to you. File for an expunction as soon as possible with the help of a Broward criminal lawyer to ensure that your future is not negatively impacted.
Can You Get Felony Shoplifting Charges?
Most shoplifting charges are petit theft, a misdemeanor. Under Florida Statute 812.014(2)(c)1., the offense becomes grand theft of the third degree, a third-degree felony, once the value of the property reaches $750. Below that line, property under $100 is petit theft of the second degree, a second-degree misdemeanor, and $100 to $750 is petit theft of the first degree, a first-degree misdemeanor. Your record matters separately from the price tag: Florida Statute 812.014(3)(c) makes petit theft a third-degree felony if you have two or more previous theft convictions. Florida Statute 812.015(8)(a) adds another felony route for coordinated retail theft, where separate thefts are aggregated across a 120-day period to reach $750.
As soon as you receive felony shoplifting charges, hire an attorney. You do not want a felony conviction on your record. Felony matters are particularly severe as many jobs do not hire felons, and many landlords do not lease to felons. The charge will follow you around for the rest of your life. Don't take your chance in court alone.
Hiring an Attorney To Fight Theft & Shoplifting Charges
If you are looking at how to get shoplifting off your record, hire an expungement attorney in Florida right away. Contact Weinstein Legal Team for a free case evaluation with no obligation. We handle Florida expunction and sealing petitions from the FDLE certificate application through the hearing, and we will tell you at the outset whether the disposition in your case actually qualifies under Florida Statute 943.0585.
A shoplifting arrest does not fall off by itself. Call Weinstein Legal Team today at 954-845-0505.
