If you’re staring at a petit theft charge, you may be thinking, “Is this one mistake going to cost me a job?” For a lot of people in Daytona Beach, the fear isn’t just about court. It’s about the ripple effect: current employment, a pending offer, professional licensing, or the background check you know is coming.
A petty theft charge concerning an employment situation in Daytona Beach can affect hiring decisions. Still, it depends on details most people don’t hear about until they’re already panicking: what type of background check is being run, where the information is pulled from, and how your case ultimately ends. An arrest and a conviction are not the same thing. A pending case isn’t the same as a dismissed one. And what shows up (and how it’s interpreted) can vary depending on whether an employer uses a private screening company, checks public records in Volusia County, or reviews a report linked to FDLE records.
In this guide, we’ll break down what employers commonly look for, what may appear on different kinds of screenings, and what your options may be, especially if your case is still open or you’re hoping to protect your record. At Hager & Schwartz, P.A., we’re former prosecutors who approach these cases with a unique advantage: we understand how theft allegations are built, and we know where to look for weaknesses the State may be relying on so you can move forward with clarity, not fear.
A Petit Theft Charge Can Affect Your Job, But the Details Matter
Yes, a petit theft charge can affect employment. But it’s not automatic, and it’s rarely as simple as “one charge equals no job.” What happens next often comes down to where the information shows up and how the employer interprets it.
Here’s the steady, real-world way to think about it:
- Employers may see it or not: It depends on the type of screening being run and which sources the employer (or a third-party screening company) checks. Some searches pull from statewide databases, some focus on county records, and some are fingerprint-based for certain roles.
- The outcome matters more than most people realize: A case that gets dismissed does not carry the same weight as a conviction. And in Florida, some cases end with withheld adjudication, meaning the court does not formally enter a conviction, even though there may still be a record of the case and its resolution. Those distinctions can shape what shows up and how an employer responds.
- The job itself matters, too: Theft allegations often trigger additional concern among employers hiring for “trust” roles—jobs involving cash handling, inventory control, client funds, confidential information, vulnerable populations, or access to homes and property. That’s why industries like healthcare, education, government, finance, and security may scrutinize a theft-related case more closely than others.
- Not all screenings are created equal: Florida theft charge background check results can look very different depending on whether the search is name-based, county-based, or connected to state-level record checks, and how recently your case information was updated.
What Is a Petit Theft Charge in Florida?
In Florida, theft generally means taking (or using) someone else’s property with the intent to deprive them of it permanently or temporarily. The charge level is usually tied to the value of what was allegedly taken.
Petit Theft: The Typical Value Thresholds
While every case has its own facts, Florida’s theft statute commonly breaks smaller theft allegations into two misdemeanor levels.
These include:
- Petit theft (second degree): Property valued at less than $100 (typically a second-degree misdemeanor).
- Petit theft (first degree): Property valued at $100 or more, but less than $750 (typically a first-degree misdemeanor).
Special situations in the statute (for example, theft tied to certain locations or items) can change how an allegation is classified. That’s why the same “shoplifting-type” accusation can look very different on paper depending on the details.
Why “It’s Just A Misdemeanor” Can Still Be a Problem
A petit theft charge is usually a misdemeanor, but it can still create serious complications, especially if you have a prior theft history. Florida law includes circumstances where repeat theft allegations can increase exposure, even when the new accusation involves a relatively low dollar amount.
From an employment standpoint, theft tends to be handled differently than many other misdemeanors because it is often framed as a trust issue.
Employers may worry about:
- Cash handling (retail, hospitality, banking)
- Inventory access (warehouses, shipping, restaurants)
- Client property (home services, healthcare, caregiving)
- Sensitive information or finances (office roles, government, education)
That’s why a misdemeanor theft job application question can feel so loaded because even before a court outcome, employers may react to the category of allegation, not just the degree.
As former prosecutors, we know how these cases are typically charged and negotiated, and where the State’s proof can be thinner than it looks at first glance.
Arrest vs. Conviction: What Shows Up on a Background Check in Florida?
One of the most stressful parts of a petit theft case is that the “employment impact” question can feel urgent before you’ve even had your day in court. And unfortunately, that’s because records can exist while a case is still pending.
An arrest (or a filed charge) can create a paper trail even if the case later gets reduced, dismissed, or resolved without a conviction. That’s why people sometimes get blindsided by a background check while they’re still waiting for arraignment, negotiating with the State, or trying to get the case closed out.
Employers don’t all run the same type of search.
In Florida, screening can range from quick online lookups to more formal record checks, including:
- Instant database searches (often used by third-party screening companies)
- County clerk searches (pulling from public court records, such as Volusia County case inquiry)
- FDLE searches (Florida criminal history record checks, with multiple request options)
- Fingerprint-based screening (common in regulated jobs or positions that require a higher level of clearance)
This is why employment concerns about criminal records in Florida can’t be answered with a simple yes/no. Two people can have the same charge and get significantly different results depending on what the employer pulls and when it pulls it.
Why results differ:
- Timing and data updates: Records don’t always update instantly across every system. A disposition (like a dismissal) may appear in one place before it appears in another, and that gap can matter when you’re job hunting.
- Multiple data sources: One employer might rely on a statewide record check, while another might search county court dockets directly (or use a vendor that aggregates information from multiple sources). Volusia County court records may be accessible through clerk case inquiry tools, and some document images may be viewable depending on the case and document type.
- Name-based vs. fingerprint-based checks: Name-based searches can be faster and broader, but also more prone to mix-ups (similar names, missing identifiers). Fingerprint-based screening tends to be more precise, but it depends on the specific process and purpose of the check.
How Employers in Volusia County Commonly Screen Applicants
When someone says, “My employer is running a background check,” it can sound like a single, uniform process—like you either “pass” or “fail.” The background checks Volusia County employers use are often layered, and the layer that matters most depends on the job, the industry, and the role’s risk sensitivity.
Here are the most common screening “layers” we see:
- Third-party screening companies (CRAs) for employment checks: Many employers outsource screening to a consumer reporting agency (CRA)—a company that compiles background information and produces a report. These reports may include criminal case entries depending on what sources the CRA searches and how it matches records.
- County court record lookups (Volusia County case inquiry/public records): Some employers (or their screening vendor) search Volusia County Clerk of Court records directly by name or case number. Depending on the case and document type, the online docket may also display certain public document images, while other documents may be limited or require additional steps to view.
- State-level searches (FDLE options): Employers may rely on Florida-level criminal history record checks through FDLE, which include instant searches (immediate results, typically not certified) and certified and non-certified requests processed and mailed.
- Fingerprint-based screening for certain roles (often in regulated fields or government work): For jobs involving higher trust—think healthcare, certain state employment roles, and positions with access to vulnerable populations or sensitive locations—screening may include fingerprints and higher-level standards under Florida’s “level 1 / level 2” screening framework.
If an employer uses a third-party background report to make a hiring decision, federal law (the FCRA) generally requires disclosures/authorization up front, and it also sets out steps for pre-adverse action (giving you a copy of the report and a summary of rights before the decision becomes final) and adverse action notice afterward.
All of this is why two people can have the same charge and experience two very different outcomes: it’s not just the allegation; it’s which layer gets pulled, what it shows, and how the employer is required to handle it.
If the Theft Case Was Dismissed (or You Were Found Not Guilty), Will Employers Still See It?
This is one of the most common and most frustrating questions we hear: “If my case was dismissed, why is it still coming up?” The short answer is that a dismissal is absolutely a good outcome, but being dismissed does not automatically make it invisible everywhere.
Why a Dismissed Case Might Still Appear
A dismissal (or a not guilty verdict) means the court did not enter a conviction.
But depending on the type of screening an employer runs, the report may still show:
- That an arrest or charge occurred, and
- The outcome (the “disposition”), such as dismissed or not guilty
Some systems update quickly, and others don’t. In other words, a background check might still pick up the case entry while the final result is slow to sync across all databases or vendor feeds. That lag can be confusing and feel unfair, especially when you did what you were supposed to do, and the case ended in your favor.
What to Do if You’re Worried About What Employers Will See
You don’t have to guess if you’re worried about what an employer will see on your background check.
You can take a few practical steps to help you take control of the situation:
- Get your final disposition paperwork: Ask for documentation showing the case outcome (e.g., dismissed /not guilty). If an employer asks questions, having official paperwork ready can keep you from scrambling at the worst possible moment.
- Consider running a personal FDLE record check: This can help you understand what a Florida-level search shows under your name before an employer surprises you with it. FDLE offers different options for individuals, including instant and processed requests.
- If a third-party report is wrong, you may have the right to dispute it: When an employer uses a third-party background report, the FCRA generally gives you access-related protections, like receiving a copy of the report and information about your rights in certain adverse action situations, and the ability to dispute inaccuracies through the reporting company. Keep it simple: if the report is incorrect or outdated, you may be able to challenge it.
A dismissal is a strong step forward, but if the case is still “showing up,” it doesn’t automatically mean your future is blocked. It usually means the record needs to be understood, documented, and handled correctly, and that’s something we help people navigate.
Job Applications and Interviews: How to Handle a Misdemeanor Theft Charge
If you’re applying for work with a pending or recent theft case, the hardest part is often the emotional piece: the urge to either over-share and “explain everything,” or freeze up and hope it never comes up. There’s a middle ground—calm, careful, and strategic—especially when you’re dealing with a misdemeanor theft job application question.
Read the Question Carefully (and Answer the Question That’s Actually Being Asked)
Not every application asks the same thing. Some ask about convictions only. Others ask about charges, pending cases, or arrests. The wording matters because it changes what information you may need to disclose.
A practical approach is to slow down and read for these terms:
- “Have you ever been convicted…”
- “Have you ever been charged…”
- “Do you have any pending criminal matters…”
- “Have you ever been arrested…”
If you’re unsure what your status is (or what the legal outcome means), that’s a sign you should get clarity before you submit anything.
Before you answer questions in writing, make sure you know whether your case is:
- pending,
- dismissed,
- resolved with a withheld adjudication,
- or resolved with a conviction.
Guessing can create problems later, especially if a screening report doesn’t match what you wrote, even when the mismatch was unintentional.
If Asked, Keep It Brief, Factual, and Forward-Looking
When the topic comes up, it’s usually more effective to keep your explanation tight and grounded. In most situations, you don’t need a long narrative.
A simple, professional framing often works best:
- Acknowledge the situation (without dramatizing it)
- Identify the current status or outcome
- Emphasize what you’ve done to address it (if applicable)
- Pivot back to your qualifications and reliability
Emphasize Steps Taken (Where Appropriate)
Depending on your case and what’s true for you, it may help to mention constructive steps briefly.
Avoid turning it into a confession or a debate about facts:
- The matter was resolved or is being actively addressed through court,
- Compliance with all court requirements,
- Restitution if it applied in your case,
- Lessons learned and forward progress.
The goal isn’t to “win the argument” in an interview. It’s to show stability, responsibility, and momentum, especially if the employer is deciding whether the issue reflects ongoing risk.
A Quick Note if Your Case Is Still Pending
If you have a pending theft case, it’s smart to talk with a criminal defense attorney before making written statements on applications or in emails to HR. What you say in writing can live forever, and you don’t want a well-intended explanation to create new issues in your criminal case.
Also keep in mind: when an employer uses a third-party background screening company, federal rules generally apply to how that report is obtained and how adverse decisions are handled, including notice-related steps in certain situations.
Can a Petit Theft Charge Be Sealed or Expunged in Florida?
For many people, the real goal isn’t just getting through court; it’s getting their life back to normal. That often means asking a practical, future-focused question: Is there a way to keep this from following me around on job applications and background checks? In some situations, the answer may involve sealing or expunction (often called “expungement”).
Sealing vs. Expunction: What These Generally Mean
While the details matter, here’s the big-picture difference:
- Sealing generally means the record is restricted from public view (so it’s not readily accessible through typical public record searches).
- Expunction generally means the record is removed from public access and handled more aggressively than sealing (people often describe this as “getting it erased,” but the legal reality is more specific than that).
Either option, when available, can make a major difference in how an expungement theft charge issue affects future job searches and housing applications.
This is where a lot of people get tripped up: not everyone qualifies, and eligibility can hinge on factors like:
- How the case ended (dismissal, withheld adjudication, conviction, etc.)
- Your prior record (if any)
- Whether you’ve already sealed/expunged something in the past
- The specific charge(s) involved
That’s why two petit theft cases that look similar emotionally can have very different legal options.
What the Process Typically Involves
Sealing/expunction in Florida often involves two main steps.
These include:
- Applying for a Certificate of Eligibility, and
- Filing a court petition asking the judge to seal or expunge the record.
As former prosecutors, we look at these cases from both angles: how the State is likely to frame the allegation and how today’s decisions may affect your record tomorrow.
What to Do if You’re Facing a Petit Theft Charge in Daytona Beach
When you’re charged with petit theft, it’s easy to feel like everything is on a timer: your job, reputation, plans. The good news is that the steps you take early can make a real difference, not just in court, but in how this follows you afterward.
Here are practical, immediate moves you can take if you’re dealing with a petit theft charge in Daytona Beach:
- Don’t discuss the case at work (or with a prospective employer) before getting legal advice: If the case is pending, even a casual “explanation” can create misunderstandings, or, worse, statements that get repeated in ways you didn’t intend. Keep your circle tight and your words measured until you understand your options.
- Gather your documents and keep them organized: Start a simple folder (paper or digital) with:
- Your Notice to Appear or arrest paperwork
- Any police report or incident documentation you were given
- Your next court date(s) and any bond or release conditions
- Receipts, messages, or witness information that might matter later
The faster your attorney can see the full picture, the faster you can move toward a plan.
- Avoid missing court, no matter how overwhelmed you feel: Missing a court date can turn a stressful situation into a much bigger one. If you’re confused about where to go, what time to be there, or what the next step is, get clarity immediately rather than hoping it works itself out.
- Talk with a Daytona Beach defense attorney early: Early advocacy matters. In many cases, the most meaningful opportunities happen before positions harden. When evidence is still being gathered, witness memories are fresh, and options may exist to reduce the charge, resolve the case favorably, or protect your record. At Hager & Schwartz, P.A., as former prosecutors, we understand how these theft cases are typically evaluated and charged, and we use that insight to look for weak points the State may be relying on.
If you’re dealing with this right now, contact our firm. We offer a free initial consultation and are available 24/7 because arrests and urgent questions rarely happen at convenient times. We also offer payment plans and provide clients with direct access, so you’re not left wondering what’s happening or waiting days for a return call.
Frequently Asked Questions
Do Employers See Misdemeanor Theft Charges?
Sometimes, yes. Whether an employer will see a misdemeanor theft charge usually depends on (1) what kind of screening they run and (2) where your case is in the process (pending, resolved, dismissed, etc.). In Volusia County, one common source is the Volusia County Clerk of Court’s case inquiry/public records system, which can provide case information and, in some cases, images of public documents on the docket.
Other employers (or their screening vendors) may rely on Florida-level options, such as FDLE “Florida Checks,” which include an Instant Search and other request types.
Does a Dismissed Theft Charge Show Up?
It can. A dismissal is a strong result because it means you were not convicted, but some background checks may still show that an arrest or charge occurred, along with the final case outcome once systems update. The frustrating part is that updates don’t always happen everywhere at the same speed, so the same case can look different depending on which database is being checked and when.
If you’re worried about what an employer might see, consider running your own Florida-level check through FDLE’s options for individuals (including Instant Search and other request types). If an employer uses a third-party background report and the report is inaccurate or outdated, you may be able to dispute errors with the reporting company (general information, not legal advice).
Can Theft Charges Be Sealed or Expunged?
Possibly. In Florida, some theft-related records may be eligible for sealing or expunction, depending on the charge, the outcome, and your history. In broad terms, sealing generally restricts public access to a record, while expunction is a separate process with its own requirements and effects.
The process commonly involves:
- Applying for a Certificate of Eligibility, and
- Filing a court petition to seal or expunge (if you qualify).
Because eligibility rules are specific, it’s worth having a defense attorney review your exact disposition and paperwork before you assume you do or don’t qualify.
How Long Does a Theft Charge Stay on Your Record?
There isn’t a one-size-fits-all timeline. In general, records related to an arrest or charge can remain in record systems and court dockets unless they’re lawfully restricted or removed through a sealing/expunction process (when eligible).
So rather than banking on time alone, the more useful (and action-oriented) question is: How did the case end, and are you eligible to pursue sealing or expunction? That’s typically what determines whether the record continues to appear in future screening situations.
