Being charged with retail theft—also known as shoplifting—is more than just embarrassing. It’s a public record. Employers, landlords, and even colleges can see it.
Can this charge be erased? In Florida, the answer depends on how your case ended. As a Fort Lauderdale theft defense lawyer, Dave Simmons helps people understand what the law allows—and how to fight for a clean slate when possible.
What Counts as Retail Theft in Florida?
Under Florida Statute §812.015, retail theft includes things like:
- Taking or trying to take merchandise from a store without paying
- Switching price tags or packaging
- Removing shopping carts from store premises
The value of what was taken determines how serious a retail theft charge is:
- Under $100: Second-degree misdemeanor petit theft
- $100–$750: First-degree misdemeanor
- $750+ or second offense: Felony grand theft
A misdemeanor petit theft conviction can result in up to a year in jail, probation, and fines, while felony grand theft carries the possibility of up to five years in prison, five years of probation, and thousands in fines.
Beyond court penalties, a theft conviction can create a lasting stain on your record, affecting employment, housing, professional licenses, and immigration status. Job applications routinely ask about criminal history, and even a misdemeanor theft charge can raise red flags for employers. Landlords may deny housing, especially in competitive rental markets. If you’re applying for professional licenses or facing immigration issues, a theft-related charge can complicate the process or disqualify you entirely. That’s why sealing or expunging your record is worth pursuing. It gives you back your privacy, clears your name from most public databases, and allows you to move forward without an old mistake holding you back.
Was Your Case Dismissed? Expungement May Be an Option
If the charges were dropped, dismissed, or you were found not guilty, you may be eligible to expunge your record. That means the record won’t show up on most background checks. However, the Florida Department of Law Enforcement (FDLE) will still retain a confidential record accessible to certain agencies,
To qualify for expungement in Florida:
- You must not have been convicted (adjudicated guilty) of any criminal offense
- You can’t have had a previous record sealed or expunged
- The charge must not fall into a category that’s automatically ineligible (like sex crimes or certain violent offenses)
Retail theft is not on the banned list, so as long as your case didn’t end in a conviction, expungement is worth exploring.
Did You Pled Guilty or No Contest? Sealing May Be a Possibility
Many first-time offenders in Florida are offered pretrial diversion or a deal with withholding of adjudication. That means you’re not formally convicted—even if you accepted responsibility.
If your case ended in a withhold of adjudication, and you completed probation or other conditions, you may be eligible to seal your record.
Sealing is different from expungement, but still powerful. It hides your case from the public and most employers. Law enforcement can still see it, but most private background checks won’t.
You can ask to seal your record if:
- The court withheld adjudication
- You were not convicted of another offense
- You’ve never sealed or expunged another case
Were You Convicted? You Can’t Seal or Expunge a Retail Theft Conviction Under Florida Law
If you were found guilty in court—or pled guilty and were adjudicated guilty—you likely cannot seal or expunge your retail theft charge in Florida. A formal conviction makes you ineligible, even if it was years ago or you’ve had no trouble since.
That’s why it’s critical to get legal help before accepting a plea deal. A defense attorney may be able to:
- Get your charges reduced to an offense that can be sealed
- Push for a withhold of adjudication instead of a conviction
- Enroll you in a diversion program that ends in dismissal
Fort Lauderdale criminal defense lawyer Dave Simmons helps people protect their records—and their futures—by fighting for outcomes that keep expungement or sealing on the table. One mistake shouldn’t follow you forever. With the right legal strategy, it doesn’t have to.
