Felony, Infractions, And Misdemeanors in Florida

In Florida's criminal justice system, the severity of criminal activities determines their classification into three main groups:

• Non-criminal violations
• Misdemeanors
• Felonies.

The Florida Criminal Code assigns legal penalties to these offenses. Ultimately, Florida's courts try crimes based on this classification. In addition to understanding these record categories, individuals must also be aware that Florida's statutes of limitations define the timeframe for prosecuting offenses in the state.

What is a Felony in Florida?

Felonies are the most grievous offenses with the highest criminal ranking in Florida. These offenses are classified by degree of severity in Chapter 775 of the Florida Statutes. They are generally considered actual crimes rather than misdemeanours and attract longer imprisonment terms in the state penitentiary. Felonies may also be punishable by the death penalty.

What Are Some Examples Of Felonies In Florida

In Florida, felonies are the most serious crimes, and they lead to the harshest penalties. Felonies include crimes such as:

• Robbery
• Murder
• Aggravated battery
• Child abuse
• Burglary
• Kidnapping
• Grand theft
• Incest
• Carjacking
• Drug trafficking
• Resisting an officer with violence.

Florida further classifies felonies into the following subcategories to assign appropriate penalties:

• Capital felony
• Life felony
• Felony of the first degree
• Felony of the second degree
• Felony of the third degree.

The capital and life felonies sub-classes contain the most serious criminal offenses in Florida. Typically, these offenses may result in the death penalty or life imprisonment with or without the possibility of parole. According to § 775.083 of the Florida Statutes, in addition to imprisonment, a life felony may result in up to $15,000.00 fines. Capital and life felonies include:

Capital Felonies

• First-degree murder
• Capital drug trafficking
• Capital sexual battery

Life Felonies

• Kidnapping a Child Under 13 with aggravating circumstances, such as:
  • Child abuse
  • Sexual battery
  • Exploitation
• Sexual battery on a victim under 12 by a person under 18
• Armed robbery with a firearm/deadly weapon in some aggravated circumstances
• Carjacking with a Deadly Weapon.

First-degree felonies are offenses that result in up to 30 years imprisonment and a fine of $10,000. Per Sections 775.082 and 775.083 of the Florida Statutes, the offenses in this sub-category include:

• Rape
• Aggravated battery of a law enforcement agent
• Burglary.

Felonies in the second degree are punishable by up to 15 years imprisonment, in addition to up to $10,000 fine. Crimes under this subcategory include:

• Aggravated battery
• Manslaughter
• Burglary of a dwelling
• Selling or delivering controlled substances within 1,000 feet of a school, park, or church
• Robbery without using weapons.

Felonies of the third degree may result in up to 5 years imprisonment, plus a fine of no more than $5,000. This sub-category contains the least serious crimes, including offenses such as:

• Grand theft
• Burglary of an unoccupied structure or conveyance
• Felony DUI (third offense within 10 years)
• Possession of small amounts of a controlled substance
• The battery of a law enforcement officer
• Resisting arrest with violence
• Scheme to defraud (Under $20,000).

Felonies not specified by a sub-category or degree are automatically classified as third-degree felonies under Florida's criminal laws in compliance with Section 775.081 of the Florida Statutes.

Can I get a Felony Removed from a Court Record in Florida?

In Florida, felony or DUI convictions are generally not eligible for expungement. Florida typically permits expungement of criminal records if they do not result in convictions. Multiple arrest charges may also disqualify an individual from expungement. The following eligibility criteria apply to the expunction of felony records in Florida:

• There are no criminal charges from the district attorney
• The underlying case results in a dismissal
• The judge or jury acquits the suspect.
• The record is for a juvenile felony or identified misdemeanors (covered in Fla. Stat. 943.0585(1)(d)) that resulted in adjudication of delinquency have already been expunged in compliance with Fla. Stat. §§ 943.0515
• The petitioner has not previously sealed or expunged an arrest record in Florida (except for old records sealed for 10 years or more).

Individuals who enter guilty pleas and complete their sentences or probation may qualify for expungement. Additionally, expunction is also applicable to victims of mistaken identity (or identity theft), convicts of prostitution-related crimes, and victims of human trafficking, who may also qualify.
Individuals whose felony records are eligible can file petitions for their expunction in the clerk's office of the circuit court in the county where the case occurred. Their applications should include:

• Attestations of eligibility and no pending criminal cases
• Relevant documents supporting their claims of eligibility.

After expunction, a felony record is treated as if it never existed. Intending applicants should note that Florida does not expunge felony records that relate to cases such as:

• Arson
• Battery
• Violent crimes such as:
  • Homicide (Murder, manslaughter, vehicular homicide)
  • Kidnapping
  • Aggravated battery/aggravated assault
  • Robbery (including armed robbery, home invasion robbery)
  • Carjacking
• Serious child-related offenses
• Sexual violations
• Stalking and domestic violence–related felonies.

What is Deferred Adjudication in Florida?

In Florida, the statutory terms for deferred adjudication are:

• Withhold (withholding) of adjudication
• deferred-prosecution/pretrial diversion programs.

Withholding adjudication is a legal process where a judge does not enter a formal conviction but places the defendant on probation. If the defendant completes the probation, the court will release the individual and not enter a final conviction. Similarly, Florida State Attorney's offices offer diversion or deferred-prosecution programs, such as drug court, DUI diversion, or veteran/mental-health programs. Upon completion of these programs, prosecutions may be delayed or charges dropped.
Florida courts may not withhold adjudication for certain serious felonies. For instance, capital, life, or first-degree felonies are not eligible. Additionally, there are restrictions on second- and third-degree felonies unless there is a written request from the State Attorney.

Interested individuals should follow the following general checklist for withholding adjudication and deferred prosecution in Florida:

• Capital, life, and first-degree felonies are not eligible (unless in very rare cases). In addition, second-degree felonies are only eligible with the prosecutor's consent or specific written judicial finding (Florida Statutes § 775.08435)
• A withheld adjudication usually follows a plea (guilty/no contest) or a conviction where the judge imposes probation but withholds formal adjudication, while entry into a deferred prosecution/diversion program is by agreement with the prosecutor
• Previous convictions or patterns of offense may impact eligibility. Section 775.08435 of the Florida Statutes places limits if there are previous withholdings for felonies
• Withholding for second- and third-degree felonies often requires the consent of the State Attorney
• Withhold adjudication and deferred prosecution require the judge's approval
• Defendants must comply with the probation terms, community service, restitution, counseling, drug testing, classes, and any other program conditions. Otherwise, they face adjudication and imposition of sentences if guilty.

Types of Crimes Eligible for Deferred Adjudication in Florida

Florida does not have a formal adjudication status. However, it has withholding adjudication and pretrial diversion/deferred prosecution, whose eligibility depends on the type of offense, the statutory restrictions, and local State Attorney policies.
In Florida, offenses eligible for withholding adjudication (deferred adjudication) include:

• Misdemeanor crimes, such as:
  • First-time shoplifting
  • Petty theft
  • Simple possession of marijuana (under older law; now marijuana laws are shifting)
  • Disorderly conduct
  • Misdemeanor battery (sometimes excluded if domestic violence)
• First-time non-violent felonies, including:
  • Grand theft (low dollar amount)
  • Forgery
  • Passing worthless checks
  • Possession of small amounts of controlled substances
  • Credit card fraud (small scale)
• Second- and third-degree felonies (in limited cases)
• Drug possession cases that do not involve large-scale trafficking or large quantities.

Is expungement the same as sealing court records in Florida?

Sealing and expungement of court records in Florida serve a similar purpose.
In Florida, sealing or expunging a court record makes it inaccessible to the general public. This means individuals cannot access it through criminal background checks. Access to sealed or expunged Florida court records is limited to the subjects of the documents, criminal justice agencies, and certain licensing boards.
Expunctions involve the physical destruction of the records by a court order in tandem with Florida Statutes § 943.045(16); a confidential record history is still retained with the Florida Department of Law Enforcement (FDLE) for specific statutory purposes. The criminal justice agency can legally retain documentary proof of complying with the expunction order.
Similarly, sealed records are preserved under secure conditions and restricted from public access. They can only be accessed by entities that possess legal backing, such as law enforcement agencies, the courts, and other authorized entities.

Access to expunged court records requires court orders unless the requester is authorized by law. Florida law permits eligible entities or individuals with judicial orders to access expunged court records when the subject is:

• An employment candidate with a law enforcement agency
• An admission candidate to The Florida Bar
• A potential agent for other professional licensing, access authorization, and employment entities.

An individual is qualified to petition for the sealing of court records under these conditions:

• The subject record does not fall under the category of prohibited records as outlined in Fla. Stat. §§. 943.0584.
• The individual has never been convicted of any crime in the state.
• The petitioner has never sealed a criminal record in the state
• The record is for a juvenile offender and relates to a misdemeanor (as stated by § 943.0585(1)(d) of the Florida Statutes) that resulted in adjudication of delinquency. These are expungeable in compliance with Florida Statutes § 943.0515.

How Long Does a Felony Stay on Your Record in Florida?

In Florida, a felony on an individual's record has no expiry date and constitutes a permanent part of their criminal history. The state makes these criminal history records available as public records. Florida's public records are information that government bodies create and preserve. According to §119.07 of Florida's Statutes, these documents are publicly accessible.
The main exceptions to this rule are when officials have sealed or expunged the records, or the Florida Governor grants an offender a state pardon.

What are Misdemeanors in Florida?

The Florida criminal code defines a misdemeanor as any criminal offense that carries a legal penalty of no more than one year of imprisonment in a county correctional institution. This does not include indictment for any civil traffic violation, as Chapter 316 of the Florida Statutes states. County courts generally handle these cases.
While misdemeanors are less severe than felonies, they are more serious than non-criminal violations. The state of Florida categorizes them into two basic divisions for sentencing:

• Misdemeanor of the first-degree
• Misdemeanor of the second-degree misdemeanors.

The most serious of the two, first-degree misdemeanors, can result in jail terms of up to one year and fines of up to $1,000. For example, Florida Statutes § 775.082 and 775.083 (2019) classify property theft valued between $100 and $750 as a first-degree misdemeanor.

In Florida, second-degree misdemeanors constitute the least serious type of misdemeanor. The law allows up to 60 days of incarceration and a fine of up to $500. Prostitution, for instance, is a second-degree misdemeanor. Florida's law automatically punishes any statutory misdemeanors that it does not specifically classify as second-degree misdemeanors, as stated in Sections 775.082 and 775.083 of the Florida Statutes.

What are Examples of Misdemeanors in Florida?

In Florida, the following are examples of misdemeanors:

First-degree misdemeanors:

• Shoplifting
• Vandalism
• Indecent exposure
• Simple battery
• Possession of less than 20 grams of marijuana

Second-degree misdemeanors:

• Simple assault
• Simple trespass
• Disorderly conduct
• Petit theft (first offense)
• Driving on a suspended license.

A misdemeanor conviction can create considerable drawbacks, primarily adding a criminal history record for the subject. It can also affect their opportunities to secure employment and obtain certain professional licenses. Additionally, the subject may face a license suspension.

Can I Get a Misdemeanor Removed from a Record in Florida?

In Florida, state law allows for the removal of most misdemeanors from an individual's record through expungement or sealing. To begin this process, a person must first get a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).
However, the FDLE denies this certificate if a record shows any of the following:

• A felony conviction
• A conviction for certain driving violations, such as a DUI
• A prior record sealing or expungement
• A conviction for certain sex crimes
• A pending request for sealing or expungement
• Unfinished court supervision for the charge.

This comprehensive list details the offenses that Florida law prohibits from being expunged or sealed.
The FDLE also confirms that the misdemeanor does not appear on the list of disqualified offenses. Second-degree misdemeanors are the most likely to qualify for removal.
After a person obtains a certificate of eligibility, they can file a petition with the Clerk of Court.

Can a DUI Record Be Expunged in Florida?

In Florida, only misdemeanor charges can be expunged or sealed. DUI-related felony charges do not qualify for expungement or sealing. To be eligible, a person's case must meet certain conditions:

• Prosecutors must not have filed charges
• The court must have dropped or dismissed the charges
• The person must have been acquitted or received a "not guilty" verdict
• The applicant does not have a pending petition to seal or expunge records.

Although authorities permit the disclosure of expunged DUI records for employment and certification purposes, the records' contents are legally destroyed and no longer exist for public viewing. Individuals do not face liability for perjury if they deny inquiries about past DUI arrest records after expunction.
Florida law prohibits expunging or sealing records with a DUI conviction. However, if a court reduces a DUI charge to reckless driving and withholds adjudication, a person may be eligible for record sealing.
The process for expunging or sealing a record begins when the Florida Department of Law Enforcement certifies a person's eligibility. The individual then files a petition with the Clerk of Courts to expunge or seal the DUI arrest records. A judge can then sign the expungement order. This process typically takes about a month.

What constitutes an Infraction in Florida?

The Florida state criminal code defines an infraction as a noncriminal violation that does not carry a jail sentence. An offender facing an infraction is not entitled to a jury trial or to a court-appointed counsel. However, penalties for an infraction can include community service hours (as provided under Section 316.027(4) of the Florida Statutes) and the payment of fines and delinquent fees. A typical example of an infraction in Florida is a traffic violation.

Traffic violations can be either civil or criminal. Most infractions fall under the category of civil traffic offenses, which can be either moving violations, like careless driving, or non-moving violations, like not wearing a seat belt. A law enforcement officer typically issues a civil traffic ticket or citation when they determine that an individual has violated a civil traffic law.
Individuals must respond to citations within 30 days of issuance. Failure to respond within this period may result in a driver's license suspension and payment of late fees. A person can respond to a civil traffic citation in several ways:

• Pay the assessed fine and delinquent fee by mail or in person
• Request an informal hearing
• Request a formal hearing and secure legal representation
• Attend traffic school.

Criminal traffic violations are not infractions; they are usually misdemeanors. However, a felony charge can also occur if a DUI offense causes a death or serious injury. Another instance is when authorities identify an individual as a habitual traffic offender. Felony charges attract heavier fines, incarceration, or both.

Officials issue a criminal traffic citation when an individual violates a criminal traffic law. This type of citation mandates that the individual appear in court. The court may issue a bench warrant for the person's arrest if they fail to appear.
Examples of these types of violations include:

• Driving under the influence (DUI)
• Reckless driving
• Knowingly driving with a suspended license
• Fleeing the scene of an accident with damaged property.

What are some examples of Infractions in Florida?

In Florida, the following are examples of infractions:

• Executing an illegal U-turn
• Speeding over legal limits
• Disobeying a stoplight
• Violating a parking meter
• Illegally crossing a street
• Driving without a seat belt
• Running a stop sign
• Executing an unsafe lane change
• Not using a child's seat belt
• Driving on the shoulder.

Can Infractions be Expunged from a Florida Criminal Court Record?

The Florida criminal justice system only provides for the dismissal of infractions. The Florida Penal Code does not explicitly provide for the expungement of infractions. This is because the state defines infractions as non-criminal violations. They do not entail jail time and are characterized by penalties like fines, fees, or community service.
A dismissed civil traffic violation means no civil traffic ticket or citation exists for the named individual. It also means the person paid dismissal fines and presented documentary evidence to cancel the issued citation. Since infractions do not constitute records eligible for expungement or sealing, the public can access them as public records.