Florida criminal charge
Court-ordered expunction of criminal history records in Florida
Court-ordered expunction of criminal history records is a criminal offense under Florida law, defined by Fla. Stat. § 943.0585. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 943.0585.
How is court-ordered expunction of criminal history records classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False swearing on petition for expunction | Felony of the Third Degree | A person who knowingly provides false information on the sworn statement accompanying a petition to expunge commits this offense. | Fla. Stat. § 943.0585(3)(b) |
| Unlawful disclosure of expunged criminal history record information | Misdemeanor of the First Degree | An employee of a specified entity who discloses information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure, except to the person or those with direct responsibility for such decisions, commits this offense. | Fla. Stat. § 943.0585(6)(d) |
Common questions about court-ordered expunction of criminal history records in Florida
Is court-ordered expunction of criminal history records a felony or a misdemeanor in Florida?
It depends on the circumstances: court-ordered expunction of criminal history records ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 943.0585.
False swearing on petition for expunction: Felony of the Third Degree (Fla. Stat. § 943.0585(3)(b)) · Unlawful disclosure of expunged criminal history record information: Misdemeanor of the First Degree (Fla. Stat. § 943.0585(6)(d))
Which Florida statute covers court-ordered expunction of criminal history records?
Court-ordered expunction of criminal history records is governed by Fla. Stat. § 943.0585 (Court-ordered expunction of criminal history records).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.