Yes, a petit theft charge can appear on a criminal background check. And for many people, that’s the scariest part of a petit theft case: not just the court date, but the moment you realize a mistake (or even an accusation) could follow you into a job interview, an apartment application, or a professional opportunity in Miami or anywhere else in Florida.
What appears on a background check usually depends on three things:
- Arrest vs. conviction: Florida “criminal history information” can include arrests and dispositions (outcomes)—not just convictions—depending on the database or search method used.
- What kind of background check it is: Some screenings are simple court-record lookups; others pull state-level criminal history data or use fingerprint-based systems.
- Whether the record has been sealed or expunged: Record sealing/expunction can change what many employers or private screening companies can see. Still, it isn’t automatic, and private websites/data brokers don’t always update cleanly or quickly.
If you’re worried about a background check coming up soon, it’s worth getting clarity early because the way a case is handled now can affect what shows up later. At Hager & Schwartz, P.A., we offer free consultations, and you can contact us 24/7 if the situation is urgent.
What Is “Petit Theft” in Florida?
In Florida, “petit theft” is the legal term for lower-level theft offenses—usually cases where someone is accused of taking property that doesn’t meet the value threshold for “grand theft.” The core definition matters because Florida doesn’t treat theft as “just a store issue” or a “misunderstanding” by default. Under Florida law, theft generally involves knowingly obtaining or using (or trying to obtain or use) someone else’s property with the intent to deprive the owner of it (even temporarily) or appropriate it for yourself or someone not entitled to it.
You’ll often hear “shoplifting,” but in Florida, many shoplifting-type allegations are still prosecuted under the state’s general theft statute. That means the label may change, but the stakes can still be real, especially if a person’s job, housing, or reputation is on the line.
Petit theft cases can grow out of everyday moments—mistakes, misunderstandings, and accusations people strongly dispute, such as:
- Retail/“shoplifting” allegations (leaving a store with unpaid items, switching price tags, self-checkout errors)
- Workplace property issues (tools, equipment, cash handling, inventory, deliveries)
- Packages and deliveries (taking a package from a doorstep or mail area)
- Shared living situations (roommates, former partners, or family members disputing ownership)
Florida primarily sorts theft charges by the value of the property:
- Second-degree petit theft: generally involves property valued at less than $100.
- First-degree petit theft: generally involves property valued at $100 or more, but less than $750
Once the alleged value reaches $750 or more, the charge typically moves into grand theft territory (a felony), which is one reason value disputes—receipts, pricing, condition, ownership—can matter more than people realize.
Value isn’t the only factor. Some situations can increase the seriousness of the charge, sometimes even when the dollar amount seems “low.” For example, Florida’s theft statute includes special rules that can treat theft from a dwelling (or certain areas around it) more harshly than a typical retail allegation.
Another important detail: a prior theft conviction can increase the level of a new petit theft charge. Florida law provides enhanced penalties for repeat theft, meaning someone facing a “small” accusation may still be exposed to more serious consequences if they have a prior theft history.
If you’re unsure what level you’re actually facing, it’s usually because the answer depends on the alleged value, the location/circumstances, and your record history—all details that can be challenged, clarified, or negotiated in the right case.
What a “Background Check” Actually Checks
When people hear “background check,” they often picture one official report that always shows the same information. In reality, background checks are not one-size-fits-all. Two employers (or landlords) can run two different screenings on the same person and end up with different details, simply because they’re pulling from different sources.
Most checks fall into three buckets:
- County court record searches (common for jobs and housing)
- Florida statewide criminal history checks (often tied to FDLE data)
- National / fingerprint-based checks (FBI or multi-state systems)
County Court Record Searches (Common For Jobs/Housing)
A county-level search usually pulls data from clerk/court systems and focuses on local case records—things like filings, docket activity, and outcomes (when available). In Miami-Dade, the Clerk’s Criminal Court resources allow the public to search for felony and misdemeanor criminal case information and to request documentation related to local case outcomes (such as a certified disposition letter in some cases).
Why this matters: A county court search might show a case that a statewide repository doesn’t capture the same way (or vice versa), depending on how the case began and how updates were reported.
Florida Criminal History Checks
Florida’s statewide criminal history data is often associated with the FDLE’s Computerized Criminal History (CCH) system. FDLE describes CCH as a fingerprint-based repository that collects electronic arrest and disposition data reported by agencies across Florida.
That “fingerprint-based” piece is important because it comes with limitations. FDLE notes that if no jail booking occurred and fingerprints weren’t taken, certain types of cases (like some Notices to Appear, direct files, or sworn complaints) may not appear in CCH.
Also, Florida law broadly defines “criminal history information” as notations of arrests and formal charges, plus the disposition (the outcome), so what’s “in the record” isn’t limited to convictions alone.
National Checks (FBI / Multi-State)
Some screenings go beyond Florida, especially for certain employers, licenses, and government-related positions. National checks often involve fingerprints and the Identity History Summary process, which is tied to the FBI’s CJIS systems.
National systems rely on agencies to submit timely, accurate disposition updates, and incomplete disposition reporting is a known issue across the country—one reason people sometimes see an old arrest without a clear outcome until the record is corrected.
Arrest vs. Charge vs. Conviction. What’s Most Likely to Show Up?
One reason petit theft cases create so much anxiety is that the paperwork doesn’t move in a straight line, and neither do background check results. In Florida, “criminal history information” is broadly defined as notations of arrests and formal charges, along with their dispositions (outcomes). That means what shows up can depend as much on where the search is pulling from as it does on how your case ends.
Here’s the typical timeline:
- Investigation: A store, employer, or individual reports suspected theft; law enforcement may review video, receipts, statements, or inventory.
- Arrest or Notice to Appear: Some people are arrested and booked; others receive a Notice to Appear (a written court date without a jail booking).
- Filing of charges: The State Attorney decides whether to formally file the case and at what level to file it.
- Court outcome (disposition): The case may end in a dismissal, diversion program, a withhold of adjudication (the judge withholds a formal finding of guilt in some cases), or a conviction. Florida law treats “disposition” as the umbrella term for these outcomes.
What’s most likely to show up:
- An arrest can appear even if the case is later dismissed: The FDLE explains that its criminal record repository contains information on arrested persons when the arresting agency submits fingerprints at the time of arrest.
- Disposition gaps happen: The FDLE notes that when a court disposition is sent to the FDLE, it’s added. However, if a record shows an arrest without a disposition, the FDLE may not have additional information and recommends contacting the Clerk of Court in the county where the arrest occurred to obtain the outcome.
- Not every case is fingerprint-based: If there wasn’t an arrest, such as when a Notice to Appear was issued or the State Attorney issued a Direct File, the FDLE explains that this information would not be fingerprint-based and may not be contained in the state criminal history record check repository.
From our perspective as former prosecutors, that’s why we’re big on verification: if a background check is coming up, it’s often worth confirming what the court record shows and whether the outcome is properly recorded because the difference between an open-looking record and a closed case can be one missing update.
Employment Background Checks vs. Housing Background Checks
If you have a theft charge criminal record in Florida, a job “background check” can feel like one looming event. But in practice, employment screening and housing screening often work differently, and that’s why two applications can produce two very different outcomes, even when they’re pulling records from the same county.
Many employers and landlords rely on consumer reporting agencies (screening companies) that compile information from multiple sources, update on different schedules, and sometimes miss key updates—like a dismissal, diversion completion, or a sealing/expunction order.
Employment Checks: Arrests and Convictions Aren’t Treated the Same
For jobs (and especially professional licensing), background checks in Miami may include arrests and convictions, yet arrest-only information can be misleading if it doesn’t show what happened next.
The EEOC’s guidance points out what’s easy to forget in the panic: An arrest does not prove criminal conduct, and arrest records frequently lack details of final disposition (dismissed, not prosecuted, acquitted, etc.). Employers may still consider the underlying conduct in some roles, but the arrest record itself is not the same as evidence of wrongdoing.
Also, errors happen. Screening companies are expected to use reasonable procedures to assure accuracy, and the FTC has taken enforcement action against an employment screening company for alleged FCRA violations tied to accuracy and dispute handling.
If a misdemeanor theft background check shows an arrest but not the outcome, or shows an outdated outcome, it’s worth taking that seriously and getting documentation of the case disposition, because an incomplete record can affect hiring decisions.
Housing Checks: Tenant Screening Reports Vary Widely by Vendor and Data Source
Landlords and property managers commonly use tenant screening reports, and the CFPB notes that it receives thousands of complaints about rental background check companies, often involving people who were rejected because incorrect or outdated information appeared on the report.
If a landlord denies your application (or requires a co-signer, higher deposit, or higher rent) because of a tenant screening report, the CFPB explains that the Fair Credit Reporting Act generally requires an adverse action notice and gives you the right to:
- learn which company provided the report,
- request a free copy of the report (typically within 60 days), and
- dispute inaccurate or outdated information (with investigation timeframes often around 30 days, sometimes 45).
Housing denials can come down to the specific screening company a landlord uses. One vendor may show a clean record; another may show an old entry that should have been updated.
Why Sealed/Expunged Updates Can Still “Show Up”
Even when someone is eligible to seal or expunge a record, it’s not unusual for private databases to lag behind court updates. The EEOC guidance notes that these databases may be missing disposition updates and may not reflect sealing/expungement orders or diversion outcomes.
If you suspect a report is wrong, you’re not stuck with it. In job and housing contexts, the law generally provides a mechanism to request the report and dispute inaccuracies, and the CFPB lays out clear steps for tenant screening disputes.
Sealed vs. Expunged Records
If you’re worried about a petit theft charge showing up on a background check, the words “sealed” and “expunged” can sound like the same promise: make it disappear. In Florida, they’re related, but they’re not identical, and eligibility can turn on details most people don’t realize matter (like how the case ended, whether adjudication was withheld, and whether a “certificate of eligibility” is required before you can even ask the court).
Talk to a lawyer before you file anything because Florida’s eligibility rules can be unintuitive, and the strategy in an open case can affect your options later.
Sealing Overview
Sealing generally means the record is made confidential in many contexts, so it’s not readily available through standard public searches, unlike an open court file. In Florida, court-ordered sealing is governed by Florida Statutes. § 943.059, and the statute makes clear that, before you petition the court, you must apply to the FDLE for a certificate of eligibility for sealing.
Eligibility is fact-specific. The statute lists conditions (including prior history and whether you’ve previously sealed/expunged), and it cross-references a separate statute that lists records ineligible for sealing a criminal record.
Expunction Overview
Expunction is generally the more “powerful” remedy, but it’s also more limited. Court-ordered expunction is governed by Florida Statutes § 943.0585 and, like sealing, it typically requires a certificate of eligibility first.
Expungement eligibility is often tied to cases that end without a conviction—like no charges filed, dismissal, nolle prosequi, acquittal, or not guilty—but the exact requirements and exceptions matter.
Florida also has an “ineligible offenses” statute that defines “conviction” in a way that can surprise people: It can include a determination of guilt based on a plea even if adjudication is withheld, depending on the context of eligibility. That’s why the outcome language in your case paperwork matters so much.
Finally, expunction doesn’t mean every trace vanishes everywhere. The expunction statute explains that agencies generally must destroy/obliterate the record, but the FDLE keeps a confidential copy in its custody.
Practical Takeaway
Record relief is often won (or lost) earlier than people think. If your petit theft case is still open, decisions about how it resolves—dismissal, diversion, plea terms, withheld adjudication, etc.—can directly shape whether sealing or expunction is even on the table later.
And even when you are eligible, the process isn’t automatic. The FDLE explains that applying for a certificate of eligibility is the first step, and the record doesn’t receive relief until the FDLE receives a certified court order; the FDLE also notes you’re generally entitled to one court-ordered sealing or expungement in a lifetime.
If you’re facing a petit theft background check soon or you’re unsure whether your case outcome helps or hurts eligibility, this is a moment where getting advice early can prevent a lot of avoidable fallout.
What Should You Do Right Now?
If a background check is coming up or you’re already worried something is showing, your best move is to slow the spiral down and verify facts. We see people lose time (and opportunities) because they guess at what’s “on their record” instead of pulling the right documents.
Here are steps that can help right away:
- Figure out what you’re actually dealing with: arrest, filed case, or conviction: These words get used interchangeably, but they’re not the same, and different background checks capture different pieces. Start by identifying which category applies to you:
- Arrest/booking (often fingerprint-based)
- Filed court case (a case number exists in the county system)
- Conviction (a guilty finding or plea with adjudication)
- Pull the local court outcome (don’t rely on memory or hearsay): For Miami-Dade cases, the Clerk’s Criminal Court resources allow you to search criminal felony and misdemeanor cases, and you can also request a certified criminal history disposition letter (basically: proof of how the case ended, based on a local case record search).
- This is especially helpful when a background report is missing the “final outcome” or when the case appears to be still open.
- If a report is inaccurate or outdated, document it and challenge it: Background check errors happen sometimes because databases are updated inconsistently or a disposition never made it into a vendor’s file. The EEOC warns that arrest records can be incomplete and may not include the final disposition. If a screening company is involved:
- Gather your paperwork (disposition letter, dismissal order, proof of diversion completion, etc.).
- Dispute the error with the screening company in writing and keep copies.
- If it’s a housing denial, federal consumer guidance explains you can generally request a free copy of the report from the background check company within 60 days of the adverse action notice and dispute errors.
- If your case is still pending, get legal advice before you “clean it up” yourself: When a petit theft case is still open, choices made now (evidence review, negotiations, diversion discussions, how the case resolves) can shape what shows up later, and whether record relief could be on the table down the road.
As former prosecutors, we look at these cases with an insider’s eye: how the State will try to prove intent, where the weak points usually are, and what outcomes realistically protect your future.
If employment or housing is time-sensitive, Hager & Schwartz, P.A. is available 24/7 and offers a free initial consultation. Contact us today.
Frequently Asked Questions
What Is Considered Petit Theft in Florida?
In Florida, petit theft generally means the alleged stolen property falls below the “grand theft” threshold, and the value of the property primarily drives the charge level. As a rule of thumb, theft of property valued at $100 or more but less than $750 is typically petit theft of the first degree, while lower-value theft not otherwise specified generally is petit theft of the second degree. Florida law also includes situations in which theft within the same value range can be treated more seriously, such as certain thefts “from a dwelling” or its unenclosed curtilage.
Is Petit Theft a Misdemeanor in Miami?
Yes, most petit theft cases in Miami-Dade are misdemeanors because Florida law classifies petit theft as either a second-degree misdemeanor or a first-degree misdemeanor, depending on the facts. Miami doesn’t have a special theft statute that changes the offense itself; the same Florida law applies statewide. What can vary locally is how cases are handled in practice, things like diversion options, plea offers, and how quickly a case moves.
Will I Go to Jail for Petit Theft in Miami-Dade County?
Jail is possible, but it depends on the degree of the charge, your record, and the circumstances of the allegation. Under Florida’s sentencing statute, a first-degree misdemeanor can carry up to 1 year in jail, and a second-degree misdemeanor can carry up to 60 days. Courts and prosecutors often have alternatives available in appropriate cases, but no outcome is automatic, and the earlier you address the case, the more options you may have.
Can Petit Theft Charges Be Dropped?
They can be, but it’s fact-specific. Charges may be dropped when the evidence doesn’t hold up (for example, weak identification, unclear intent, missing video, or credibility issues), when key witnesses won’t cooperate, or when the State decides it can’t prove the case beyond a reasonable doubt. In some situations, cases resolve through diversion or negotiated outcomes (sometimes involving restitution), but we never treat that as guaranteed because it depends on eligibility and the prosecutor’s position. If you’re trying to confirm what’s happening in your Miami-Dade case (or whether a case is even filed), the Clerk’s criminal court resources can help you check status and obtain a disposition record when available.
Should I Hire a Lawyer for a First Theft Offense?
For many people, the first theft accusation is the one that can do the most long-term damage because it’s the one that can end up on a background check when you’re applying for work or housing. Even if the case seems “small,” the details matter: the alleged value, how the report was written, whether there’s a viable intent defense, and how to position the case for a favorable resolution. As former prosecutors, we look at theft cases the way the State builds them, and we use that perspective to challenge weak points and push for outcomes that protect your future, not just the next court date. If time is tight because you have an application pending, we’re available 24/7 to talk through next steps.
