Political Tech
The Florida congressman and gubernatorial frontrunner benefited from diversion programs twice. Now he wants to restrict them.
NewsOnScale Staff
June 25, 2026
Byron Donalds, the Republican congressman from Southwest Florida and the frontrunner in the 2026 gubernatorial race, has a criminal record that was sealed, expunged, and — until recently — selectively disclosed.
In 1997, at age 18, Donalds was arrested on a marijuana possession charge while a student at Florida A&M University. He entered a pre-trial diversion program, paid a $150 fine, and the charge was dismissed. For years, Donalds characterized the incident as simple possession — walking down the street with a dime bag after a party.
That story changed in March 2026. In an interview with CBS Miami, Donalds admitted for the first time that he was not merely possessing marijuana. He was selling it. His ex-wife, Bisa Hall, had previously told reporters that Donalds became close with a neighbor who sold drugs and that he saw it as a way to fix his money problems. Donalds confirmed her account, describing his dealing as "low level amounts" over "a period of time."
## The Felony That Disappeared
Three years after the drug arrest, in 2000, Donalds was arrested again — this time on a second-degree felony charge of bribery. Court records show the charge involved depositing a fraudulent check. Donalds has described it as an acquaintance convincing him he could make $1,000 by depositing a bad check. He pleaded no contest, served probation, paid restitution to the bank, and the charge was later sealed and expunged from his record.
Under Florida law, expungement means the record is treated as though it never existed. An attorney consulted by PolitiFact noted that Donalds would not have been able to get his record expunged if the state considered him a convicted felon. The legal distinction matters, but the underlying facts remain: Donalds admitted to the conduct, pleaded no contest, and received an outcome that most defendants in Florida — particularly Black defendants — rarely receive.
## The Ethics Complaint
In 2020, former Collier County School Board member Kelly Lichter filed an ethics complaint alleging that Donalds had failed to disclose his criminal history on multiple official applications. According to the complaint, Donalds answered "No" when asked on a Department of Education application whether he had ever been arrested, charged, or indicted. He also allegedly left disclosure questions blank on a federal U4 regulatory form and failed to disclose his record when applying for a charter school board position.
The Florida Ethics Commission dismissed the complaint, citing questions of jurisdiction and legal sufficiency. Donalds argued that because his records were expunged or dismissed, he was not legally required to disclose them.
## The Hypocrisy Question
The most politically significant dimension of Donalds' record is not the record itself but what he has done with the power he gained after it was erased. In Congress, Donalds has sponsored the D.C. CRIMES Act, which critics say would restrict the ability of young adults in Washington, D.C. to be treated as youthful offenders — the same category of leniency that kept Donalds himself out of prison twice.
Under current D.C. law, people under 25 can be considered youthful offenders, allowing judges to take age into consideration during sentencing. Donalds' legislation would lower that threshold significantly. When confronted with the apparent contradiction, Donalds has argued that D.C. was allowing 24-year-olds to be tried as juveniles, which he called unfair. Critics counter that he is misstating the current law.
The pattern is clear: a young man received two chances that the system does not routinely offer, used those chances to build a career in finance and politics, and now seeks the highest office in Florida while supporting legislation that would narrow the same pathways for others.
## What Voters Should Know
Donalds has raised more than $45 million for his gubernatorial campaign and holds a commanding lead in Republican primary polls. He has the endorsement of former President Donald Trump. His criminal record has been covered in Florida media for years, but his recent admission to drug dealing adds a new dimension that voters have not previously had access to.
NewsOnScale does not take the position that a person's past should permanently disqualify them from public office. Donalds' own story is, in many ways, an argument for the value of second chances. The question voters face is whether a candidate who benefited from systemic leniency and now works to restrict it for others has earned the trust required for the governor's office.