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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