Will a theft charge stay on your record in Florida?

KEY TAKEAWAYS

Whether a theft charge stays on your record in Florida depends entirely on how your case was resolved. A dismissal or no-file decision may qualify you for expungement of theft charges. At the same time, a withhold of adjudication may qualify for sealing of court records — but a formal conviction permanently disqualifies you from both. Florida’s one-time rule means the decision to pursue sealing and expungement should be made carefully, with the help of a Broward County expungement lawyer who can assess eligibility before filing.

A theft charge under Florida Statute § 812.014 is widely recognized as a crime involving dishonesty. That label follows you into job applications, rental screenings, professional licensing reviews, and background checks run by financial institutions. The first question most people ask after an arrest is whether that record can ever go away. In Florida, whether expungement of theft charges is possible depends almost entirely on the case's final outcome.

What Is the Difference Between Sealing and Expungement of Theft Charges?

Florida law draws a meaningful distinction between court-ordered sealing (§943.059) and court-ordered expungement (§943.0585). Here are the key differences:

• Expungement. An expungement of theft charges requires criminal justice agencies to destroy or obliterate most records covered by the court order, although the Florida Department of Law Enforcement (FDLE) retains a confidential copy as required by law. Once a record is expunged, it does not appear on standard background checks, and in most circumstances, you can legally deny that the arrest ever occurred.
• Sealing. When a theft charge is sealed, it makes the record confidential and removes it from public view, but the record still exists. Certain government agencies, licensing boards, and law enforcement entities retain access to a sealed record even after the order is entered.

Both expungement and sealing of a theft charge prevent private employers and landlords from seeing the charge through standard Florida public records searches. The appropriate path depends on how the case ended. 

When Can Theft Charges Be Expunged in Florida?

Expungement requires the highest threshold: the case must have ended without any formal charge being sustained against you. Qualifying outcomes include:

• The State Attorney declined to file charges (No Information).
• The court dismissed the case.
• The State entered a Nolle Prosequi (voluntary dismissal).
• Successful completion of a pretrial diversion program, resulting in dismissal.

First-time offenders facing petit theft or grand theft charges may be eligible for the Broward County Pre-Trial Intervention (PTI) program. Upon successful completion, charges are typically dismissed, which may make the participant eligible to seek expungement after obtaining an FDLE Certificate of Eligibility and court approval. A formal adjudication of guilt, however, permanently disqualifies a record from expungement under Florida law.

When Can Theft Charges Be Sealed in Florida?

Sealing is available when adjudication was withheld — meaning you entered a guilty or no-contest plea, but the court did not formally convict you. After all court supervision has ended, a person who received a withhold of adjudication on an eligible retail theft, shoplifting offense, or other theft charge may petition to seal the record if all statutory requirements are met.

To qualify for sealing, the record must meet all of the following conditions:

• No prior adjudication of guilt for any criminal offense
• No prior sealed or expunged records under Florida law
• No unresolved cases in any Florida court
• The offense is not one of the disqualifying offenses identified in Florida Statute §943.0584. 
• Adjudication was withheld — not formally imposed — on the charge being sealed

Theft offenses generally are not among the offenses made ineligible for sealing under Florida's statutory disqualification provisions, making eligibility worth evaluating when adjudication was withheld. In some circumstances, a court-sealed record may later become eligible for expungement after it has remained sealed for at least 10 years and all statutory requirements are satisfied.

Florida’s One-Time Rule: Why Eligibility Analysis Matters

Florida permits only one lifetime opportunity to seal or expunge a record, regardless of how many arrests appear on file. Before any court petition can proceed, the FDLE) must first issue a Certificate of Eligibility, and processing times vary, depending on application volume. 

Using that one-time opportunity on the wrong case or submitting an application without first confirming eligibility can forfeit future relief permanently. You should consult with our experienced expungement lawyer, who can review the general eligibility requirements for sealing and expungement in Florida, before taking any action.

How a Broward County Expungement Lawyer Can Help

Attorney Dave L. Simmons brings a rare perspective to sealing and expungement matters. He spent years as a Broward County prosecutor before moving to criminal defense. That background means he understands how criminal records are created and reviewed by agencies on both sides — and what it takes to secure lasting relief. 

Here are the ways our expungement lawyer can help you in a sealing or expungement matter:

• Reviewing the full case disposition to confirm the precise outcome and eligibility path
• Conducting a statewide records check for prior seals, expunctions, or adjudications that could affect eligibility
• Helping you make a strategic decision whether expungement or sealing of your theft charge is the best option
• Preparing and submitting a complete FDLE application to minimize processing delays
• Drafting and filing the petition in Broward County Circuit Court
• Representing you at all court hearings
• Coordinating distribution of the court order to all relevant criminal justice agencies

The outcome of a theft charge matters well beyond the courtroom. Because the final disposition often determines whether a record may later be sealed or expunged, decisions about plea offers and case resolution should be made with a full understanding of the long-term consequences. Understanding that distinction is one reason early intervention by our skilled Fort Lauderdale criminal defense lawyer can shape which record relief options remain available after a case is closed.