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Getting arrested for shoplifting—even for something worth just a few dollars—can carry long-term consequences in Florida. Whether it was a misunderstanding, a moment of poor judgment, or a false accusation, a retail theft charge can seriously affect your record, your job prospects, and your future.
Florida law treats retail theft as a crime that reflects dishonesty, which means even a first-time offense can stick with you. But there are ways to protect yourself and your future—especially if you act quickly and get the right legal help.
What Counts as Shoplifting in Florida?
Under Florida law, shoplifting is officially called retail theft, and it’s covered by Florida Statute §812.015. The term applies to more than just walking out of a store with unpaid merchandise. It includes a wide range of actions, such as:
- Taking items without paying
- Changing or switching price tags
- Concealing merchandise
- Removing shopping carts from the premises
Prosecutors must prove that you intended to take the item and that you acted without the store’s permission. It doesn’t matter whether the item was worth $5 or $500—the intent is what drives the charge.
Penalties by Dollar Amount
Florida courts break down shoplifting charges based on the value of what was taken. The more expensive the item, the more serious the charge:
- Under $100 – This is considered petit theft in the second degree, a second-degree misdemeanor. It carries up to 60 days in jail and a $500 fine.
- $100 to $750 – This is petit theft in the first degree, a more serious misdemeanor. You could face up to 1 year in jail and a $1,000 fine.
- Over $750 – Once the value hits $750 or more, the charge becomes grand theft, a felony. If the value is under $20,000, you’re looking at a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
It’s also important to know that if you’ve been convicted of theft before, a new shoplifting charge can be upgraded to a felony—even if the value is low. In some cases, you may also be sued in civil court by the store, who can demand financial damages on top of criminal penalties.
Consequences Beyond the Courtroom
The criminal penalties are only part of the picture. A retail theft charge can follow you long after you’ve paid your fine or completed your sentence. Having a theft charge—or even an arrest—on your record can:
- Make it harder to get hired, especially for jobs that involve money or trust
- Affect your chances of getting into college or keeping financial aid
- Raise issues when applying for professional licenses or certifications
A lot of employers and schools run background checks. When they see theft on your record, they may choose someone else without asking for your side of the story.
Alternatives to Prosecution: Diversion Programs
If this is your first offense, there may be a better path than going to trial or pleading guilty. Many Florida counties offer pretrial diversion programs that allow you to avoid prosecution if you meet certain conditions. These programs often include:
- Theft prevention or awareness classes
- Community service hours
- A written apology or restitution to the store
Once you successfully complete the program, the charges are dropped. You avoid a conviction—and you get a second chance. We can help you apply for diversion and present your case to prosecutors in the best possible light.
Can You Get a Shoplifting Charge Off Your Record?
In Florida, you may be able to expunge or seal your record—but only under certain conditions. You may qualify if:
- The charges were dropped or dismissed
- You completed a diversion program successfully
- You have no prior convictions and meet other eligibility rules
However, if you were convicted, you won’t be eligible for expungement or sealing. That’s why it’s so important to take action early. We can guide you through the process and help you understand your best options for clearing your record.
Take Your Defense Seriously
A shoplifting charge might seem like a minor offense—but it can lead to big problems if you don’t handle it the right way. Even a petty theft conviction can change how others see you, limit your job options, and make your life harder.
At Van Elswyk Law, we will help you protect your future and work toward a result that keeps your record clean. Whether that means fighting the charge, negotiating for a diversion program, or helping you seal your record—we’re here to stand by you. Call us today to schedule a confidential consultation.