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When did 316.1935 become a felony in Florida?

Orlando, FL |

My husband was arrested and charged with fleeing and eluding in 8/1994.
He was advised then, and his paperwork also shows, that this was a misdemeanor charge. However we searched it recently and it is showing a felony.
I know the crime is a felony now, but if it was a misdemeanor charge in 1994, shouldn't that be the way it appears on his record?
If it is in fact incorrect, how would we correct it?

This is how it appears on a records search:
FLEE/ATT TO ELUDE POLICE NOT REVOKED 316.1935 Third Degree - Felony

Attorney Answers 4


The offense of fleeing was upgraded to a 3rd degree felony in 2004. In '94, it was generally a misdemeanor, except that in late 1994 it was upgraded to a felony IF there was a high-speed chase.

With regard to correcting an erroneous criminal history record, review my detailed answer to a related question here:

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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5 lawyers agree


In 1994 Fleeing and Eluding could have been a felony or misdemeanor depending in the facts of the case. Now it is only a felony.

You need to find the 1994 subsection that he was prosecuted under. If it was prosecuted as a misdemeanor then it should not show as a felony.

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3 lawyers agree


In 1994 if facts justified it, the charge could have been brought as a felony.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.

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1 lawyer agrees


The other AVVO attorneys are correct.

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2 lawyers agree

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