Can a Grand Theft Conviction be Expunged?
Were you or your family member arrested for grand theft in Florida? It is a serious matter. Grand theft is a felony offense. You may be wondering: Can I get a grand theft conviction expunged from my record in Florida? As a general rule, the answer is “no”—a grand theft arrest with no conviction may potentially be expunged, and a petit conviction may potentially be expunged, but grand theft convictions are permanent. Within this article, our Stuart grand theft attorney explains the key things to know about expungements in Florida.
An Overview of Florida’s Grand Theft Statute
Grand theft is a serious criminal offense. Under Florida law (Florida Statutes § 812.014), a person can be charged with grand theft—a felony—if they “knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to” either “deprive the other person” or “appropriate the property to his or her own use.” For a theft offense to rise to the level of a felony grand theft in Florida, the amount taken must be valued at $750 or higher. Grand theft is typically a third-degree felony offense in Florida. However, if the amount of property or assets taken is valued at more than $20,000, the defendant may face an even more serious second-degree felony charge. The most serious charge, first-degree grand theft, applies to property over $100,000.
Note: Grand theft can be brought as a so-called aggregate offense in Florida. If a person steals $500 from a store on Monday and then comes back on Thursday and steals another $400, these two offenses could be “aggregated,” and they could face a grand theft charge.
What is Expungement?
In Florida, expungement is a legal process that allows a person to have a criminal record sealed or destroyed. In other words, the record has made it inaccessible to the general public. The process can be particularly beneficial for those looking to clear their names and alleviate the long-term consequences of having a criminal record. To qualify for expungement, applicants must meet specific criteria. Not every criminal record is eligible for expungement in our state. If you have any questions about your case, an experienced Stuart, FL, expungement attorney can help.
A Grand Theft Convicted Cannot Be Expunged in Florida
Were you convicted of grand theft in Florida? Unfortunately, you cannot get that conviction expunged from your record. With very limited exceptions, felony convictions are not subject to expungement in Florida. Our state has some of the most restrictive expungement laws in the country. Indeed, Florida law specifically excludes those convicted of felonies—including a third-degree felony offense—from getting that record expunged.
Grand Theft Arrest Records May Be Expunged (No Conviction)
Grand theft conviction records cannot be expunged in Florida, but many other records can be expunged. If a person is arrested for grand theft but not convicted—whether due to the charges being dropped, dismissed, or if they were found not guilty in a criminal trial—they may be eligible to have their arrest records expunged. The provision allows those who were arrested but ultimately not held criminally responsible to clear their name and mitigate the impact of the arrest on their public record. The expungement process involves petitioning the court and once approved, the arrest record is sealed from public view.
A Petit Theft Conviction May Be Eligible for Expungement in Certain Circumstances
A petit theft conviction is a serious matter. However, unlike a grand theft charge, a petit theft charge is not a felony. Broadly explained, petit theft in Florida involves the (alleged) theft of property or assets under $750. It is a charge that is generally considered a misdemeanor. Why does it matter? Beyond carrying less severe penalties than a felony charge, a misdemeanor petit theft conviction is actually eligible for expungement in Florida. However, to be clear, expungement of such a conviction is by no means guaranteed by law. To qualify, the person convicted of petit theft must not have any other criminal convictions and must have successfully completed all terms of their sentence, including probation and restitution.
Contact Our Stuart, FL, Grand Theft Defense Lawyer Today
At The Law Office of Denise Miller, PA, our Stuart, FL, grand theft defense attorney is a compassionate, experienced advocate for justice. If you have any specific questions or concerns about your ability to expunge a grand theft offense, we are here as a legal resource. Give us a call now or contact us online to arrange your strictly private initial case evaluation. From our Stuart law office, we handle grand theft charges and criminal expungement throughout Martin County.
