Legal Question in Criminal Law in Florida
I've been falsely accused of theft. The store now wants to pursue FL Statute 772.11. Will I have a criminal record?
The claim of delberate theft is absurd - I accidentally left without paying for the item. If I comply with their demands via 772.11:
- Will the incident show up on a background check (and how)?
- If so, how can I expunge the record in Florida?
1 Answer from Attorneys
Florida Statute 772.11 is a civil statute - not criminal. Were you arrested? If so, the arrest would appear on a criminal background check. If you can resolve the issue without litigation, there would be no record of the incident at all. If the store commenced a civil suit, there would be a record of that civil suit in the court it is commenced in, but it should not show up on a criminal background check.
It is important to note that an opportunity must be given to any "wrongdoer" to
remedy the act in question. The statute explicitly states that, “Before filing an action for damages under this section, the person claiming injury must make a written demand for $200 or the treble damage amount of the person liable for damages under this section.” If within 30 days, you comply with the notice and pay the due amount, the store is obligated to provide you with a release and not to institute litigation.
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