Florida Criminal Defense Laws

For sex offenses against minors, the statute of limitations does not begin until the victim turns 18 or the offense is reported to law enforcement, whichever occurs first. First or second-degree felony sexual battery reported within 72 hours has no statute of limitations.

Capital felonies carry death or life without parole. Life felonies carry up to life imprisonment. First-degree felonies up to 30 years. Second-degree up to 15 years. Third-degree up to 5 years. First-degree misdemeanors up to 1 year. Second-degree misdemeanors up to 60 days.

Available when charges were dropped, dismissed, or resulted in acquittal (no conviction). Records are physically destroyed. Only one lifetime expungement is permitted.

Available when adjudication was withheld. Records are hidden from public view but remain accessible to law enforcement and certain agencies. Only one lifetime sealing is permitted.

First offense: $500–$1,000 fine, up to 6 months jail, 180 days–1 year license revocation. Second offense within 5 years: up to 9 months jail, minimum 5-year revocation. Third offense within 10 years: third-degree felony with up to 5 years prison. DUI convictions cannot be sealed or expunged.

Any person charged with a criminal offense punishable by incarceration has the right to appointed counsel if they cannot afford an attorney.