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Misdemeanor

A misdemeanor is a criminal offense, less serious than a felony, and is usually punishable by fine, penalty, forfeiture, or confinement in a county jail. The maximum punishment can be up to one year.

If an arrest on a misdemeanor offense occurs, the defendant is booked into the county jail. Most, but not all, misdemeanor offenses are bondable. A judge usually sees individuals arrested on misdemeanors within twenty-four (24) hours of their arrest. At first appearance, bail is set, and the courts determine whether the accused can pay for counsel. A Public Defender will be appointed if the defendant is found to be indigent (unable to pay for counsel), or the defendant may hire private counsel.

Plea in Absentia

Call the Bay County Clerk of Court, Plea in Absentia line at (850) 763-9061 ext. 2 during our normal office hours.

How to Expunge/Seal Records

Florida Statutes 943.0585 and/or 943.059 will provide the requirements and conditions for having a criminal court case sealed or expunged from your record. Please read these statutes carefully.

If you have questions regarding your eligibility to have your records sealed or expunged, please contact the Florida Department of Law Enforcement.

FDLE will require a completed application for the procedure, which should be submitted directly to their office. The cost for such a procedure is $75.00 to be paid to the FDLE. Upon receipt of your application, FDLE will notify you of your eligibility.

Following notification of eligibility from the FDLE, you must then prepare the proper forms required to proceed with court action. Examples of the forms required are available for review on the Clerk’s website. The fee for filing the completed forms with the Clerk’s Office is $42.00.

Download the FDLE Seal and Expunge Records Packet.

Frequently Asked Questions

What is an arraignment?

An arraignment is a hearing where a defendant is advised of the charges filed against him/her and allowed to enter a plea. If you enter a plea of guilty or no contest, you will be sentenced at that time. If you plead not guilty, your case will be set for the next court date, which is called a Pre-Trial Conference. If you have an attorney, he/she may enter a written plea of not guilty on your behalf and waive your appearance at the arraignment. However, be sure to check with your attorney as to whether you must appear.

How can I change my arraignment court date?

The Clerk’s Office cannot change a court date. If there is a problem with your date, you may want to consult an attorney; otherwise, failure to appear could result in a capias being issued for your arrest.

What will happen if I fail to appear?

Any Defendant who fails to appear as required by the Court may have his or her bail revoked and a warrant/capias issued for his/her arrest.

What if I can not pay my fine?

The Clerk’s Office cannot pardon, defer, or alter fines imposed by the Court. If you are having a problem and are on probation, you must contact your probation officer. If you are not on probation, you must contact the office of the Judge who sentenced you.

What forms of payment do you take?

If you are mailing your payment, please submit a money order or cashier’s check and a copy of the paperwork you received in court. If you would like to pay in person, you may come to the first floor of the Clerk of Courts Office, room 110.