Florida Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. In Florida, misdemeanors may result in penalties such as fines, probation, and short-term incarceration in a county jail. Each state determines how it classifies and penalizes misdemeanors.

What Is a Misdemeanor in Florida?

According to Florida law, crimes are divided into felonies, misdemeanors, and noncriminal violations. A “designated misdemeanor” is punished under the general penalty statute. A jail time of up to 1 year for first-degree misdemeanors and up to 60 days for second-degree misdemeanors may beimposed by the court. Non-criminal violations are punishable by fine only.

In Florida, a typical misdemeanor includes low-level petit theft cases, simple battery (first offense), disorderly conduct, trespassing, and many first-offense DUI charges (provided there are no injuries or serious aggravating factors). In DUI cases, the defining statute within the state's traffic code governs the range of fines and jail time. It also specifies when the presence of injury elevates the charge to a felony.

Misdemeanor Classes and Penalties in Florida

In Florida, misdemeanors are often categorized into two degrees depending on the severity. Although certain offenses carry their own specific penalty structure:

• First-degree misdemeanor (M-1): This is punishable by up to 1 year in county jail. It attracts monetary fines up to $1,000 including additional court costs.
• Second-degree misdemeanor (M-2): It carries a maximum of up to 60 days in county jail, including fines up to $500 exclusive of court costs.

Courts may impose other penalties such as probation, restitution, counseling/treatment, community service, license restrictions, and other conditions as authorized by statute.

Misdemeanor Court Process in Florida

Florida has 67 County Courts and 20 Circuit Courts. County Courts are often called “the people’s courts.” They handle misdemeanor criminal cases, most traffic violation proceedings, and municipal/county ordinance prosecutions. Felonies and the most serious offenses are decided in the Circuit Court.

Typical sequence.

1. Arrest or citation. A law enforcement officer arrests or issues a summons for a misdemeanor or ordinance violation.
2. First appearance/arraignment. The judge generally informs the defendant of their charges and rights. The court may impose jail time as a penalty. If the defendant is unable to afford an attorney, the court may appoint a Public Defender underChapter 27.
3. Pre-trial phase. This stage includes discovery, motions, negotiations, and any diversion programs, and cases are decided in the County Court.
4. Plea or trial. Misdemeanor trials may be resolved through jury or bench trials. This depends on the defendant's request and case type. Although, in many cases, they are resolved by plea.
5. Sentencing. If the defendant pleads guilty to a conviction, the judge imposes sentences within the statutory limits. Although sentencing may involve probation, restitution, or participation in treatment programs.
6. Appeal. Misdemeanor cases adjudicated in the County Court may be appealed to the Circuit Court. A further review of the Circuit Court’s decision is available under specific and limited circumstances.

Misdemeanor sentences are served in the county’s detention facilities (not the Department of Corrections). This is in accordance with Florida’s statutory definition of “county prisoners.”

Misdemeanor Records in Major Florida Cities

Florida does not maintain a centralized criminal case portal. Instead, each county clerk’s office manages their own criminal records. The following are major jurisdictions in Florida where the public may visit to obtain misdemeanor records and make payments for fines:

• Miami-Dade County (Miami) — The Clerk’s Criminal Justice Online Case Searchportal provides felony and misdemeanor case lookups, including docket images. The criminal division website also explains how to request certified disposition letters and directs individuals on methods of payment.
• Tampa (Hillsborough County) — The HOVER portal (Hillsborough Online Viewing of Electronic Records) enables public access to court records, including non-confidential document images. The Hillsborough County Clerk website also aggregates resources such as records, data files, e-certified copies, and county criminalcase information.
• Orlando (Orange County) — My eClerk portal supports criminal case searches and online fine payments via the Criminal Division’s payment instructions. The Ninth Judicial Circuit also directs the public to my eClerk portal for Orange County case records.
• Jacksonville (Duval County) — The CORE portal (Clerk Online Resource ePortal) facilitates court records requests for Duval County. Individuals may find information on accessing records on various levels, along with instructions for using the CORE website, on the clerk’s official records page.

Across Florida, online court records typically display charges (statute citations), case events, dispositions, and financial information. The clerk’s file is considered the official record, and certain documents are only accessible in person due to confidentiality rules.

How to Search for Misdemeanor Records in Florida

Individuals may follow these steps to find misdemeanor records in Florida:

1. Identify the county and court. Florida court records are managed at the county level. Therefore, interested persons may contact the Clerk of Courts in the county where the arrest or charge occurred (Miami-Dade, Hillsborough, Orange, or Duval). According to Florida's court structure, the County Courts have jurisdiction over misdemeanor cases.
2. Use the county’s portal. Requesters may use county official portals to look up criminal records. The search may be performed using a name or case number on websites such as the Miami-Dade Criminal Justice Online, HOVER, my eClerk, and CORE. Individuals may find the register of actions, hearing dates, dispositions, fines, and balances due.
3. Understand confidentiality. Florida Supreme Court Rule 2.420 governs public access to judicial branch records. Although certain case types are confidential (juvenile, adoption, mental health, certain victim information, expunged or sealed records). Clerks in Florida provide local guidance on handling confidential information.
4. If it is not online. Interested parties may contact the appropriate CountyClerk’s Criminal Division to request copies or certified records. Clerk websites explain how to obtain records in person, by mail, and via e-certified delivery.
5. Paying fines. Most counties allow multiple payment options. Payments may be made online via my eClerk portal (Orange County), in person, and via mail options.

What a docket usually includes: It contains key details such as party identifiers, case number, and filing and arrest dates. Other non-confidential information that are accessible include the charges (with Florida Statutes cited), hearing events, plea/disposition, sentence details (jail, probation, fines), and outstanding balances.

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

Florida’s system allows a misdemeanor conviction to stay on your record for an extended period:

In Florida, misdemeanor convictions do not automatically disappear from your record unless you obtain record relief. Florida offers two primary methods, both initiated through the Florida Department of Law Enforcement (FDLE):

Sealing (§ 943.059) and Expunction (§ 943.0585) — To qualify, you may need an FDLE Certificate of Eligibility and a court order granting relief. Eligibility depends on the type of offense, case outcome, prior conviction history, and whether adjudication was withheld or imposed. Some offenses are ineligible, and Florida typically allows the sealing or expunction (with limited exceptions) of records once in a lifetime. The FDLE certificate is valid for 12 months from issuance.

Timing and outcomes. If charges were dismissed, nolle prossed, or no-actioned, a petitioner may qualify for automatic expunction of their records. If an adjudication was withheld on an eligible offense, sealing may be possible (withanexpunction after a statutory period). For DUI cases, adjudication is mandatory by law, which often deters sealing or expunction. This makes plea decisions at arraignment important. (See DUI penalty structure in § 316.193 and DMV’s administrative sanctions.)

Public vs. sealed/expunged access. Once a case is sealed or expunged by court order, the clerk removes it from public view under the Supreme Court’s access rules. Law enforcement and select government agencies retain limited access authorized by law.

Without court-ordered relief, in Florida, a misdemeanor offense remains visible in court databases and during background checks. If sealing or expunction of record is granted, public access is restricted, but certain agencies retain limited access under statutory exceptions.