Circuit Felony FAQ's

General Information | Felony FAQ | Criminal Glossary | Misdemeanor FAQ's

Felony FAQ's

Frequently Asked Questions:


WHAT IS A FELONY CHARGE?
A felony is any criminal offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by death or imprisonment in a state correctional facility.

Felony charges include, but are not limited to: murder, manslaughter, rape, burglary, grand theft, kidnaping, worthless checks, forgery and uttering, aggravated battery, aggravated child abuse, possession and/or sale of drugs, and sexual battery. Felonies are classified for purposes of sentencing into the following categories:

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

CAN I VIEW MY CASE FILE?
Most felony files are public record. Criminal files are available for viewing by the public between the hours of 8:00 AM and 5:00 PM. They are located in the Central File Room, Room 137 of the Government Complex.

CAN I RESEARCH AN INDIVIDUAL’S CRIMINAL HISTORY?
Computer access to Hernando County criminal records is available to the public between the hours of 8:00 AM and 5:00 PM. Computer terminals are located in the Central File Room, Room 137 of the Government Complex.

WILL A CLERK DO CRIMINAL HISTORY RESEARCH FOR ME?
Upon request, the Clerk’s Office will research an individual’s criminal history in Hernando County criminal records only for a fee of $1.50 per year per name researched.

MY CASE IS DISPOSED OF. HOW DO I GET MY BOND REFUNDED?
At the conclusion of your case, a cash bond may be refunded to whomever paid the cash bond. It is important to make certain the criminal file contains the current address of the depositor. In some instances, the Judge may order a cash bond to be paid toward any fines and costs assessed.

Monies paid to a Bail Bondsman are not refundable.

ADJUDICATION WAS WITHHELD ON MY CHARGES. HOW CAN I HAVE MY CASE SEALED OR EXPUNGED?
To seal or expunge a criminal record requires court approval. In order to get court approval, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. You must obtain a certified copy of the final disposition, the cost of which is $1.50 per page copied and $1.00 per document certified. You will be given a complete package of instructions including a fingerprint card which must be completed at a local law enforcement agency. You may be charged a fee for this service. You must complete the application for a Certificate of Eligibility and take it to the State Attorney’s Office for completion of their approval. You will then mail the completed application, along with a $75.00 fee to the Florida Department of Law Enforcement.

The Florida Department of Law Enforcement will mail you the Certificate of Eligibility after they have approved it. You must then return to the Clerk’s Office with the certificate and a completed Petition to Seal or Expunge, along with a filing fee of $37.50. You will also be required to pay for the costs of all copies or certified copies which have to be provided to agencies which have a record of the case. These costs will vary depending upon the number of pages and number of agencies. Your petition will be set for hearing before the Judge. If the Judge grants your petition, your case will be ordered sealed or expunged.

You must bring an Order to Expunge or an Order to Seal to the hearing with you for the Judge to sign. The Clerk’s Office does not provide these forms. The rules for these procedures are contained in Criminal Procedure Rules, Rule 3.692. The rule book and Florida Statutes may be found at a Public Library or in the Law Library on the Ground Floor of the Hernando County Government Complex - Judicial Wing.

WHERE ARE THE JUDGE’S OFFICES LOCATED?
For information concerning the 5th Judicial Circuit, click on http://www.co.hernando.fl.us/judicial

Misdemeanor FAQ's


WHAT IS A MISDEMEANOR CHARGE?
A misdemeanor is any offense which has a maximum penalty of less than one year in the county jail. Most misdemeanor offenses are bondable offenses according to a bond schedule.

Misdemeanor offenses also include payable civil infractions such as boating, hunting and fishing violations, Code Enforcement violations or Animal Control violations.

THE JUDGE TOLD ME TO PAY MY FINE BY A CERTAIN DATE BUT I DO NOT HAVE THE MONEY. WHAT CAN I DO?
When you appeared in court, the Judge gave you a date to pay by or to appear back in court to request more time to pay. You must appear at the date and time given to you on the paper handed to you by the Clerk the last time you were in court and ask the Judge for more time to pay.

I RECEIVED A CITATION THAT MUST BE PAID WITHIN 30 DAYS BUT I DON’T HAVE THE MONEY. WHAT CAN I DO?
If you have not previously appeared in court and received a citation that must be paid within 30 days, you will need to contact the Criminal Division of the Clerk’s Office to request a hearing before the Judge to ask for more time to pay. If the citation contained a court date, you may appear in court on that date to request more time to pay.

WHERE ARE THE JUDGE'S OFFICES LOCATED?
For information concerning the 5th Judicial Circuit, click on http://www.co.hernando.fl.us/judicial

HOW DO I COLLECT A JUDGMENT?
http://ccfcorp.dos.state.fl.us/corpweb/inquiry/jlien_how_to.html

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