Property charges in Florida cover a wide range of offenses involving damage, theft, unlawful entry, or interference with another person’s property. These charges can range from misdemeanors to serious felonies depending on the value of the property involved, the circumstances of the alleged offense, and the person’s prior criminal history.
Even when a property charge does not result in a conviction, the record may continue appearing on background checks and public records. Understanding the type of charge, potential penalties, and available record-removal options can help you determine the next step.
What Are Property Charges in Florida?
Property charges are criminal offenses involving another person’s property or the unlawful taking, use, damage, or possession of property.
Common property-related offenses in Florida include:
Common property-related offenses in Florida include:
- Theft
- Burglary
- Criminal mischief
- Trespassing
- Dealing in stolen property
- Fraud-related property offenses
Are Property Charges Misdemeanors or Felonies in Florida?
Property charges can be either misdemeanors or felonies depending on the specific offense.
Factors that may increase the severity include:
- Higher property value
- Prior criminal history
- Use of a weapon
- Damage amount
- Location of the alleged offense
- Additional criminal allegations
For example, a lower-value theft allegation may be charged as a misdemeanor, while higher-value theft may become a felony under Florida law.
The final charge and penalties depend on the statute involved and the facts of the case.
Do Property Charges Stay on Your Record in Florida?
Yes. Property charges may remain on your criminal record unless they are legally sealed or expunged. Many people assume that a dismissed charge disappears automatically, but criminal records may continue appearing through:
- Court records
- Florida criminal history databases
- Background-check companies
- Online public record websites
The outcome of the case is important. A dismissed charge, dropped charge, or acquittal may provide different record-removal options compared to a conviction.
Can Property Charges Be Expunged in Florida?
Some property charges may be eligible for expungement in Florida if the person meets the requirements under Florida Statute § 943.0585.
Generally, eligibility depends on factors including:
- The final outcome of the case
- Whether there was a conviction
- Whether the person has prior disqualifying convictions
- Whether another record has already been sealed or expunged
Property charges that resulted in a conviction generally cannot be expunged. However, charges that were dismissed, dropped, or otherwise resolved without a conviction may qualify if all requirements are met. A Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) is generally required before filing a petition with the court.
How To Remove a Property Charge From Your Record in Florida
The process generally includes:
1. Review your case disposition
Determine whether the case ended in dismissal, conviction, or another outcome.
2. Check eligibility for record relief
Review whether the record qualifies for sealing or expungement.
3. Obtain required documentation
This may include a Certificate of Eligibility from FDLE.
4. File the appropriate petition
The request must be submitted to the court handling the case.
5. Address remaining private records
Even after legal relief, private databases may require separate removal or correction requests.
FAQs
Can a dismissed property charge be expunged in Florida?
Yes, a dismissed property charge may be eligible for expungement if the person meets Florida’s eligibility requirements under F.S. § 943.0585.
Can a theft charge be removed from your record in Florida?
A theft charge may be eligible for expungement or sealing depending on the outcome of the case and the person’s criminal history.
Do property convictions qualify for expungement?
Generally, convictions cannot be expunged under Florida law. Eligibility depends on the specific record and legal requirements.
How long do property charges stay on your record?
Without sealing or expungement, a property charge may remain accessible indefinitely.
