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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

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Attorney answers 4

Best Answer

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.


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.


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

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The other AVVO attorneys are correct.