QUESTION

I got a notice to appear for a petit theft misdemeanor less then $100, will this for up on my record? If so how can I get it to not show up on my rec?

Asked on Nov 19th, 2020 on Criminal Law - Florida
More details to this question:
I got a notice to appear for a petit theft misdemeanor less then $100, this is my first time getting in problem, will this for up on my record? If so how can I get it to not show up on my record Besides sealing it and expungement?
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
1 Award
Yes, it will show up on your record.  However, depending on the disposition, it may not show up as a conviction.  For example, depending on where in Florida the charge was filed, the State Attorney may be willing to send the case to a diversion program.  If so, it is possible that if you successfully complete all conditions of the diversion program, the State would drop/dismiss/terminate the case.  The court records still would show you were accused and charged with the petty theft; but that the case was dismissed after you completed a diversion. program.   If you cannot get into a diversion program, you have a few other options:  (1) plead guilty or no contest, "straight up" to the court, without any plea bargain; the court then has discretion to give you any legal sentence; (2) work out a plea bargain with the State and enter a guilty or no contest plea to the charge; then the court will sentence you based on what was agreed to in the plea bargain; (3) fight the charge at trial.  If you win at trial, the case is done (although the arrest and case will still show up on your record); if you lose at trial, the court may impose any legal sentence. If, under any of the above options, the court, at the time of sentencing, agrees to withhold adjudication, it will still show up on your record.  But it will not be considered a "conviction" even though you will be sentenced and have a criminal record.  But if adjudication is withheld, then if you complete any applications (e.g., employment or housing applications) that ask if you have ever been convicted, you can answer "no."  (That's assuming you have no other prior convictions.). If the application asks if you have ever been convicted, regardless or whether adjudication was withheld, then you must answer "yes."  If your case was dropped after successfully completing a diversion program, the answer would be no.  Under all of the above options/dispositions the case/charge will show up on your record - but not necessarily as a conviction.  The only way to not have it show up on your record would be if the court sealed and/or expunged it.  That cannot be done in Florida if you have ever done that in the past or if you have ever been "convicted" of a prior criminal offense (regardless of the nature of the offense).   
Answered on Nov 20th, 2020 at 7:51 AM

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