Understanding How A Florida Theft Expungement Attorney Can Help You Erase The Past And Protect Your Future
Understanding Theft Expungement in Florida
As a Florida Theft Expungement Attorney, I often meet people who made a mistake years ago and are still paying the price. A theft arrest or conviction can follow you forever, even if you turned your life around. Landlords, employers, and licensing boards can all access your criminal record, making it difficult to move forward. The good news is that Florida law allows certain people to seal or expunge their theft records under specific circumstances.
Under Florida Statute §943.0585, expungement refers to the legal process of physically destroying criminal records so they cannot be accessed by the public. This process is different from sealing a record under Florida Statute §943.059, which hides it from public view but keeps it available to law enforcement and certain agencies.
Not every theft charge can be expunged, but if your case was dismissed, dropped, or resulted in a not guilty verdict, you may qualify. As an attorney, my job is to evaluate whether you are eligible and then guide you through every step of the process to protect your record and your reputation.
Florida Statute §943.0585 – Text of the Law
The law that governs expungements states in part:
Florida Statute §943.0585(1):
Any person who has been arrested and whose case was dismissed by the court, or who was found not guilty, or whose charges were dropped by the State Attorney, may petition the court to expunge the criminal history record.
Florida Statute §943.0585(2):
The person must first apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility, which verifies that the applicant has met all requirements under this section.
Florida Statute §943.0585(4):
Upon the court’s order to expunge, the criminal history record shall be physically destroyed by criminal justice agencies, except for one confidential record retained by the FDLE.
In simple terms, the statute gives the court the power to erase the record completely, but only after the person proves they qualify and follows the proper process. This includes applying to the FDLE, obtaining the required certificate, and filing a petition with the court.
Who is Eligible to Expunge a Theft Charge in Florida
To qualify for expungement, you must meet these general requirements:
-
Your theft case must have been dismissed, dropped, or resulted in a not guilty verdict.
-
You cannot have been convicted of any criminal offense in Florida or another state.
-
You must not have previously had a criminal record sealed or expunged.
-
You cannot currently have another petition for expungement or sealing pending.
If you were convicted or pled guilty to a theft charge and adjudication of guilt was entered, the record cannot be expunged. However, if adjudication was withheld, you may be eligible to seal the record instead.
I always begin by obtaining your full criminal history and reviewing your court records to determine whether the case qualifies for expungement or sealing. Many clients assume they are ineligible, only to discover that their case actually qualifies once we analyze the details.
The Difference Between Sealing and Expungement
The distinction between sealing and expunging a record is important.
-
Sealing means your record is hidden from public access but still exists. It can be viewed by law enforcement, courts, and certain licensing agencies.
-
Expungement means your record is physically destroyed, leaving only one confidential copy at FDLE.
Under Florida Statute §943.059, individuals who received a withhold of adjudication after pleading guilty or no contest may petition the court to seal the record. After ten years of being sealed, the record may then qualify for expungement if no new offenses occurred.
As a Florida Theft Expungement Attorney, I focus on finding the fastest, most effective way to protect your reputation. If expungement is not available immediately, I explore sealing first, followed by expungement later.
Real-life Case Example
I once represented a young woman in Orlando who had been arrested for petit theft after accidentally leaving a grocery store self-checkout with unpaid items in her bag. She was only 19 and had no criminal history. We convinced the prosecutor to dismiss the charge after she completed a theft prevention class and community service.
Several years later, she applied to nursing school, but the dismissed theft charge appeared in her background check. The school required an explanation, delaying her acceptance. She came back to me, and we filed a petition to expunge the record under §943.0585.
After obtaining the FDLE certificate of eligibility, we presented her case to the judge, emphasizing her clean record and academic achievements. The court granted the expungement, and the record was destroyed. She went on to graduate and is now a registered nurse.
Without legal help, she might have struggled for years to overcome that arrest. Her story is one of many examples of why expungement matters.
Why Theft Charges Have Lasting Consequences
Theft is classified as a “crime of dishonesty.” Even a simple arrest, without a conviction, can create long-term problems. Employers often view theft-related offenses as a sign of untrustworthiness. Professional boards, especially those overseeing law, medicine, and finance, may deny licenses to anyone with a theft history.
Florida’s open records system makes it easy for employers and landlords to find arrest records online. Even if your case was dropped, it remains visible until it is sealed or expunged.
That’s why having a private defense attorney is crucial. I not only help clients clear their records but also work to prevent a conviction in the first place. The best expungement strategy starts during the original criminal case, where the goal is to secure a dismissal or withhold of adjudication that preserves eligibility for future expungement.
Relevant Florida Theft Statutes
To understand how theft charges arise and why they matter in expungement cases, it helps to review the underlying laws.
Florida Statute §812.014 – Theft:
A person commits theft if they knowingly obtain or use the property of another with intent to deprive the other person of the right to the property or appropriate it for personal use.
Depending on the property’s value, theft can be charged as:
-
Petit Theft (a misdemeanor for property under $750)
-
Grand Theft (a felony for property $750 or more)
A felony theft conviction disqualifies a person from expungement or sealing, which makes it essential to fight for a reduced or dismissed charge from the start.
Florida Statute §775.084 – Habitual offender enhancement:
Allows harsher penalties for repeat offenders.
If you’ve previously been convicted of theft, the state may use this enhancement to increase penalties, which also affects your eligibility for expungement later.
How a Florida Theft Expungement Attorney Can Help You
Many people attempt to file for expungement on their own, only to make small errors that cause lengthy delays or outright denials. The process involves several steps:
-
Submitting fingerprints to the FDLE.
-
Obtaining a certified copy of the court disposition.
-
Completing the application for a certificate of eligibility.
-
Waiting for FDLE review and approval, which can take several months.
-
Filing a petition in circuit court.
-
Attending a hearing, if required by the judge.
Each of these steps requires accuracy and timing. If one form is missing or incorrect, the FDLE can reject the application. An attorney ensures the documentation is complete, the eligibility verified, and the petition properly argued before the judge.
My role is not just to file paperwork but to advocate for your future. I prepare affidavits, gather supporting evidence, and speak directly with the prosecutor when necessary to expedite approval.
Common Defenses in Theft Cases That Protect Future Expungement
To be eligible for expungement, you must first avoid a conviction. I often use defenses in theft cases that not only protect against penalties but also preserve expungement rights. These include:
-
Lack of intent: You had no intention to steal or permanently deprive the owner.
-
Mistaken identity: Another person committed the act, and you were wrongfully accused.
-
Ownership dispute: You believed the property belonged to you or had a lawful claim to it.
-
Insufficient evidence: The state cannot prove you took the property.
-
Consent: The owner allowed you to take or use the item.
If your attorney can secure a dismissal, nolle prosequi, or not guilty verdict, you may later qualify for expungement under §943.0585. A strong defense early on can make all the difference in protecting your record later.
Why Y Need a Private Attorney for Theft Expungement
A private attorney can focus on every detail of your case and act quickly to protect your rights. Public defenders often cannot assist with post-conviction relief like expungement due to heavy caseloads and limited scope of representation.
When you work with a private Florida Theft Expungement Attorney, you receive:
-
Personalized evaluation of your eligibility.
-
Strategic planning for record sealing or expungement.
-
Direct representation at hearings.
-
Guidance for professional licensing, employment, and background checks.
I’ve seen countless people try to handle the process themselves, only to have their petitions denied or delayed for months. Hiring an attorney ensures the process runs smoothly and that your future remains protected.
How Expungement Protects Your Future
Once your theft charge is expunged, it is removed from public record databases. You can legally state on job, housing, or school applications that you were never arrested or charged, with limited exceptions for certain government and law enforcement positions.
This restoration of privacy gives people a fresh start. You no longer have to live under the shadow of a past mistake or explain yourself to potential employers. Expungement can open doors to career advancement, licensing, and personal confidence.
I tell clients that an expungement is more than just paperwork—it’s a second chance. And for many, it’s the closure they’ve been waiting for.
Florida Theft Expungement FAQs
Can I get a theft charge expunged if I pled guilty?
If you pled guilty but received a withhold of adjudication, you may qualify to have your record sealed under §943.059. However, if adjudication was entered, the record cannot be expunged or sealed. An attorney can review the court record to see if there are other options for post-conviction relief.
How long does the expungement process take in Florida?
On average, it takes between six and nine months, depending on FDLE’s processing time and the court’s schedule. Having an attorney handle the paperwork can prevent unnecessary delays caused by missing documentation.
Can I expunge more than one theft charge?
Generally, Florida law allows only one expungement or sealing in a lifetime. There are limited exceptions for certain juvenile offenses, but adult criminal records can only be cleared once. This makes it vital to ensure the process is done correctly the first time.
Will an expungement restore my civil rights?
Expungement removes your criminal record from public access but does not automatically restore civil rights such as voting or firearm possession. Those rights are restored through separate processes handled by the state clemency board.
Do I have to attend a court hearing?
In some cases, judges grant expungements without a hearing, especially when there are no objections from the state. However, if the prosecutor opposes the request, a hearing may be scheduled. An attorney will appear on your behalf and argue for approval.
Can I apply for expungement if I was a juvenile at the time of arrest?
Yes. Juvenile records can often be expunged under more favorable terms, but timing and eligibility depend on the nature of the charge and whether it resulted in adjudication. A lawyer can help determine the best approach.
Why do I need a Florida Theft Expungement Attorney for this process?
Expungement involves multiple agencies and strict requirements. A Florida Theft Expungement Attorney ensures your case meets every condition and that the petition is filed and argued effectively. Missing deadlines or submitting incomplete forms can result in denial, but with proper legal guidance, you can achieve a clean slate and move forward confidently.
Call Musca Law for a Free Consultation With Our Florida Theft Expungement Attorney
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with theft and other criminal offenses. We are available 24/7/365 at 1-888-484-5057 for your free consultation. We have over 35 office locations throughout Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
If you’re ready to clear your record and protect your reputation, let our team help you take the next step toward a brighter future.