Legal Question in Criminal Law in Florida

Theoretically, the state could refile within the statute of limitations which would be two years on a misdemeanor stalking charge from the date of the last text message. It would be extremely unlikely for the state to pursue anything and I wouldn't worry about that. As far as getting your record sealed, I suggest that you do that since the "charge" is still part of the public record and could show up on a background check. In fact, if you are otherwise eligible, you could get the charge expunged. Talk to an attorney for details on doing this.

I agree with Mr. Epifanio that the charges can theoretically be re-filed during the statute of limitations. What I'm not certain about is whether you actually waived your right to a speedy trial, which would allow the State to re-file the charges. Waiving your appearance at a Pre Trial Conference is not the same thing as waiving your rights to a speedy trial. If a waiver of speedy wasn't filed, they only have ninety (90) days from the date that prosecution commenced to bring formal charges against you. Where an arrest isn't made, prosecution commences upon the filing of an Information or the issuance of a citation or summons to appear. Either way, you qualify to have it expunged from your record, so long as you have never been previously convicted of any criminal offense. I also recommend you seek further legal counsel to discuss your options.