A second-degree misdemeanor in Florida is the lowest level of criminal charge in the state, punishable by up to 60 days in county jail and a fine of up to $500.1Online Sunshine. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures; Mandatory Minimum Sentences for Certain Reoffenders2Online Sunshine. Florida Code 775.083 – Fines Those are ceilings, not typical outcomes: a first-time offender rarely serves the full 60 days. The harder consequence is usually the permanent criminal record left behind, which shows up on background checks for years afterward.
Individual statutes can set lower maximums for specific offenses, but no second-degree misdemeanor in Florida can carry more than 60 days of jail or a $500 fine. Anything more serious is charged as a first-degree misdemeanor (up to one year in jail, $1,000 fine) or a felony.
Offenses Charged as Second-Degree Misdemeanors
Charges at this level tend to involve minor public-order conduct or low-value harm rather than serious injury or major loss. Common examples include:
- Disorderly conduct — fighting, disturbing the peace, or similar disruptions.3Online Sunshine. Florida Code 877.03 – Breach of the Peace; Disorderly Conduct
- Simple assault — a threat of violence coupled with the apparent ability to carry it out, producing genuine fear. No physical contact needed.4Florida Senate. Florida Code 784.011 – Assault
- Second-degree petit theft — stealing property generally valued under $750 that doesn’t fall into a category treated more harshly.5Justia Law. Florida Code 812.014 – Theft
- Driving on a suspended license, first offense — knowingly driving after suspension, cancellation, or revocation.6Online Sunshine. Florida Code 322.34 – Driving While License Suspended, Revoked, Canceled, or Disqualified
- Prostitution, first offense.7Online Sunshine. Florida Code 796.07 – Prohibiting Prostitution and Related Acts
Repeat conduct usually bumps the charge up. A second petit theft, for example, can be reclassified as a first-degree misdemeanor regardless of the dollar amount.
What a Sentence Actually Looks Like
Judges rarely max out the jail time on a first offense. A typical sentence blends probation, costs, and conditions.
Probation for a misdemeanor usually runs up to six months, and the court can extend it to a full year when substance abuse played a significant role in the offense.8Online Sunshine. Florida Code 948.15 – Misdemeanor Probation Services While on probation you check in with a supervising officer, avoid new arrests, and complete whatever the court requires.
Court costs are mandatory on top of any fine. Florida sets a $20 court cost for every misdemeanor and criminal traffic conviction, and county-level surcharges can add more.2Online Sunshine. Florida Code 775.083 – Fines If a victim lost money, restitution can be ordered. Community service hours and mandatory classes such as anger management or substance abuse counseling are common when probation is imposed.
How the Case Moves Through Court
Arrests at this level are often less dramatic than people expect. For many second-degree misdemeanors, an officer can hand you a written notice to appear rather than take you into custody. That notice tells you which court to appear in and when. Officers keep discretion to make a full custodial arrest if you won’t identify yourself, look like a safety risk, have outstanding warrants, or have previously failed to appear.
You have the right to a jury trial on any misdemeanor punishable by imprisonment. A judge can take that right away only by announcing before trial that no jail time and no adjudication of guilt will be imposed on conviction.9Online Sunshine. Florida Code 918.0157 – Right to Trial by Jury If you can’t afford a lawyer, the public defender’s office represents you on any misdemeanor the state attorney is authorized to prosecute, unless the court files an order guaranteeing no jail.10Online Sunshine. Florida Code 27.51 – Duties of Public Defender
Keeping a Conviction Off Your Record
A charge is not a conviction. Two mechanisms in Florida let you avoid one.
Pretrial Diversion
First-time misdemeanor defendants often qualify for a pretrial diversion program. The case pauses while you complete counseling, education, supervision, or treatment. The program administrator, the state attorney, the victim, and the judge all have to agree. Once they do, prosecution stops while you’re in the program, and satisfactory completion typically leads to dismissal — no conviction at all.11Online Sunshine. Florida Code 948.08 – Pretrial Intervention Program The initial period runs 90 days, extendable by another 90.
Withheld Adjudication
Even after a guilty plea or verdict, the judge can withhold adjudication of guilt. You may be placed on probation with the usual conditions, but if you complete it successfully there is no formal conviction on your record. A withheld adjudication also spares you certain collateral consequences, like the mandatory license revocations tied to drug-related convictions. You can truthfully say you were not convicted.
Long-Term Consequences of a Conviction
If adjudication is not withheld, the conviction is permanent and public.
Employers in Florida commonly run background checks, and a misdemeanor conviction can factor into hiring. Federal guidance from the EEOC asks employers to weigh how much time has passed and how relevant the offense is to the job, but there is no bar on considering misdemeanor history.12U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records: Resources for Job Seekers, Workers and Employers Licensed professions and security-sensitive roles apply stricter standards.
Landlords can deny rental applications based on misdemeanor convictions. Some local jurisdictions limit how far back a landlord may look or require conditional acceptance before a background check, but no statewide Florida law prevents landlords from considering misdemeanor history.
The Habitual Misdemeanor Offender Enhancement
Repeat misdemeanors can trigger a sentence enhancement that changes the math entirely. If you pick up a fifth qualifying misdemeanor after four prior convictions, all committed within one year of each other, the court can label you a habitual misdemeanor offender. Qualifying offenses come from specific chapters covering violence, weapons, theft, drugs, and related conduct. Under the enhancement, the minimum sentence rises to six months and the maximum to a year in jail.13Florida Senate. Florida Code 775.0837 – Habitual Misdemeanor Offenders Treating small charges as no big deal is what lands people here.
Clearing the Record Afterward
Florida lets you petition to expunge or seal a criminal history record, but eligibility is narrow. You first apply to the Florida Department of Law Enforcement for a certificate of eligibility, then file your petition with the court. The main requirements:
- No adjudication of guilt on the charge you want expunged. Cases that were dismissed, ended in a not-guilty verdict, or resulted in a withheld adjudication may qualify.
- No prior expungement or sealing. You generally get one, unless you are expunging a record that has already been sealed for at least 10 years.
- No adjudication of guilt for any criminal offense in Florida. The statute also lists specific juvenile adjudications that block eligibility, including assault, battery, petit theft, carrying a concealed weapon, and arson.
- All court supervision on the case must be finished before you petition.
Filing costs typically run a few hundred dollars once FDLE processing and court filing fees are added together.14Online Sunshine. Florida Code 943.0585 – Court-Ordered Expunction of Criminal History Records Expect several months to pass between applying for the certificate and getting a court ruling.
Sealing is the parallel option under a separate statute. A sealed record still exists but is hidden from most public background checks; an expunged record is physically destroyed by the agencies holding it. For many people whose second-degree misdemeanor ended in a withheld adjudication, sealing is the more accessible first step, with expungement possible after the record has been sealed for at least 10 years.