How to Expunge a Theft Charge in Sarasota, Florida

Having a theft charge on your criminal record can be a serious obstacle. Whether the incident was a misunderstanding, a youthful mistake, or a lapse in judgment, the consequences can follow you for years. Fortunately, Florida law provides a legal pathway to expunge or seal certain criminal records — including theft charges — if specific conditions are met. If you’re in Sarasota and seeking a fresh start, this guide will walk you through the expungement process for theft crimes in Sarasota County.

Why Expunge a Theft Charge?

Theft crimes in Florida include offenses like petty theft, grand theft, shoplifting, embezzlement, and dealing in stolen property. Even a misdemeanor theft charge can make it difficult to:

1. Get a job
2. Qualify for housing
3. Pass background checks
4. Obtain professional licenses
5. Rebuild your reputation

Expungement or sealing your record gives you the chance to move forward without your past holding you back. In many cases, you are legally allowed to deny the existence of an expunged or sealed record — a powerful benefit when applying for jobs or school.

What Is the Difference Between Expungement and Sealing?

While many people use the terms interchangeably, record sealing and record expungement are not the same under Florida law.

Sealing a record means the public will no longer have access to it. Government agencies can still see sealed records under certain conditions.

Expunging a record means the record is physically destroyed in most locations. Only a limited government record remains for very specific purposes, such as future court proceedings.

Both options provide significant relief, but expungement is more complete. The eligibility requirements differ slightly, so it’s crucial to know which option is best for your situation.

Am I Eligible to Expunge a Theft Charge in Sarasota?

Eligibility depends on multiple factors, including how your case was resolved. Under Florida Statutes §943.0585 and §943.059, you may qualify for expungement or sealing if:

1. You were never convicted (adjudicated guilty) of the theft offense.
2. The case was dismissed, dropped (nolle prosequi), or you were acquitted (found not guilty).
3. You have never previously been convicted of a criminal offense in Florida or elsewhere.
4. You have not previously sealed or expunged another charge (with limited exceptions).

Convictions cannot be expunged or sealed in Florida. So, if you pled guilty and were adjudicated guilty, you are not eligible. However, if the court withheld adjudication, you may still qualify for record sealing.

Common Theft Charges That May Be Expunged or Sealed

Some theft-related charges that may qualify for sealing or expungement in Sarasota include:

• Petit Theft (Under $750)
• Retail Theft (Shoplifting)
• Grand Theft (if charges were dismissed or adjudication was withheld)
• Possession of Stolen Property
• Embezzlement (if non-conviction applies)

Again, the key factor is no conviction and no prior criminal record. Even a single prior adjudication of guilt could disqualify you.

The Expungement Process in Sarasota, Florida

Expunging or sealing a theft charge in Sarasota involves several important steps. While it’s possible to do this on your own, many individuals choose to work with a Sarasota expungement attorney to ensure everything is handled properly.

Step 1: Request a Certificate of Eligibility

First, you must apply for a Certificate of Eligibility through the Florida Department of Law Enforcement (FDLE). This includes:

• Fingerprints
• Certified copy of the final disposition of your case
• Application form
• Processing fee (currently $75)

If FDLE finds you eligible, they will issue your certificate — which is required before you can petition the court.

Step 2: File a Petition to Expunge or Seal

Next, you (or your attorney) must file a petition with the Sarasota County Circuit Court. This includes:

• Petition to Expunge or Seal
• Affidavit
• Certificate of Eligibility
• Proposed order for the judge

A copy must also be served on the State Attorney’s Office in Sarasota, which has the right to object. If they do, a hearing may be scheduled.

Step 3: Court Decision

If there is no objection, or if the judge sides with you at the hearing, your petition will be granted. The court will issue an order to expunge or seal your theft charge.

Benefits of Expunging a Theft Charge in Sarasota

Improved employment opportunities – Most employers won’t see your past theft charge.

Better housing access – Rental applications and housing authorities may no longer hold your record against you.

Enhanced privacy – Your record won’t appear in public databases or be easily accessible online.

Peace of mind – You can legally deny the arrest in most situations.

How Long Does Expungement Take in Sarasota?

The process typically takes 5 to 8 months, depending on:

• How quickly FDLE processes your application
• Whether the State Attorney objects
• Court backlog in Sarasota County

Hiring a local criminal defense attorney who understands Sarasota procedures can help streamline the process and avoid delays.

Should I Hire a Sarasota Expungement Attorney?

You are allowed to handle the expungement process yourself, but it’s not always easy. Mistakes in paperwork, missed deadlines, or incomplete applications can result in delays or denials.

An experienced Sarasota criminal defense attorney can:

• Confirm your eligibility for expungement or sealing
• Handle all the documentation and court filings
• Represent you in court if a hearing is needed
• Provide guidance based on local court practices

Sarasota Theft Expungement FAQs

Contact a Sarasota Theft Expungement Lawyer Today

At Pallegar Law, PA we understand how a theft charge — even one that was dismissed — can impact your life. Our Sarasota criminal defense team has helped many clients successfully seal or expunge their theft charges and get a true second chance.

If you’re ready to clear your name and move forward with confidence, call us today for a free consultation. We’ll review your case, determine your eligibility, and walk you through every step of the expungement process in Sarasota County.

Final Thoughts

Expunging a theft charge in Sarasota can open the door to new opportunities and restore your reputation. Whether you were accused of shoplifting or another theft-related offense, don’t let a past mistake define your future. Take action today and reclaim control over your record.