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How long do you have to wait to get a misdemeanor expunged for shoplifting? I got caught two yrs ago.

Miami, FL |

i would like to know if i can expunge the shoplifting misdemeanor after 2 yrs.

Attorney Answers 2


  1. If the misdemeanor charge was dismissed by the court or by the state, then you can move to have it expunged immediately. If you were found guilty and received an adjudication, you cannot have it expunged or sealed at all. If you were found guilty and received a withhold of adjudication and your sentence is complete (i.e. you are out of jail and off of probation), then you can ask the court to seal your record, assuming you have not gone through this procedure previously. It will take some time to get the record sealed, as the procedure takes several months.

    Feel free to contact my office for a free consultation regarding this process.


  2. If you have been Adjudicated Guilty then you will not be able to Seal or Expunge the record.

    You may expunge your record if the case was never filed (No Action) or dismissed (Nolle Prosse) or if you were found Not Guilty at a trial.

    You may seal your record if you received a withhold of adjudication.

    I have added a link to the FDLE website regarding the Sealing and Expunging of records.

    As stated by the attorney above, the process to Seal or Expunge a record can be quite complicated and lengthy. If you decide to hire an attorney to handle the process for you then please contact my office.

    Best of luck.

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