Your Past Is Public: Sealing and Expunging Criminal Records in Orlando

Thousands of arrests occur each month in Central Florida. Every single time a person is arrested and fingerprinted, a criminal record is created—and under Florida law, that information is public. Everyone can see it unless it is officially sealed or expunged.

In today’s job market, where employer background checks are more popular and intense than ever, having a clean record is critical. Expunging and sealing are now more important than ever, but the process is complicated, and the rules are strict.

The Harsh Rules of Expungement and Sealing

The first rule you need to understand is the most absolute:

• A citizen is entitled to only one court-ordered seal or expunge per lifetime. (You can technically get a second if the first was a juvenile record, but for all practical purposes, it’s a one-time shot.)
• If you have ever been convicted of any crime—even a misdemeanor like reckless driving—you cannot seal or expunge any arrest record.

Because not every person, nor every charge, qualifies, you need to know which option is available to you.

The Difference: Expungement vs. Sealing

Expungement and sealing of criminal records are not the same thing, but they share a key benefit: you are legally entitled to lie! That’s right, once the record is sealed or expunged, you may lawfully deny or fail to acknowledge the arrest (with certain exceptions, which I’ll cover below).

• Expungement is the best option. If granted, much of the information is physically erased from police and clerk of court computers, and files are destroyed.
• Sealing is good, and for most everyday purposes, it accomplishes the same thing as an expunge. The record is simply hidden from public view. After a case has been sealed for 10 years, you may then petition to have it expunged.

You can learn more about the differences in this video: Expungement and Sealing of Criminal Records are not the same thing.

Challenging the Judge’s Denial

Florida law gives the court “sole discretion” to grant or deny a petition to seal or expunge, but that statement is misleading. The law presumes that a court should grant the motion if the defendant qualifies.

I’ve seen judges try to deny petitions with a simple order that says “DENIED.” But the appeals courts have been clear: you can’t deny a petition by simply waving a “magic wand.”

A judge’s denial must be based on evidence. Denying a petition by vaguely citing “the nature of the offense” or the “totality of the circumstances” won’t cut it. The court must set forth specific reasons supported by evidence presented at a hearing. A judge cannot legally deny a petition to seal merely because they don’t like the original charge.

The Value of the “Legal Lie”

Some attorneys argue that sealing or expunging is useless today because background check companies store arrest data, and the incident may still show up. While it’s true we cannot control what every private company retains, why would you not use every legal option to make your record harder to find?

Here’s why it works:

1. You can dispute the entry. If the sealed/expunged case appears on a background check, you can legally and lawfully deny the incident.
2. Lack of Verification. Instruct a potential employer to call the clerk of court or the police agency. Because the record is sealed or destroyed, they will have no record of what the background check company alleges.
3. Confirmation of “Bogosity.” To many Human Resources departments, a judge’s formal order to seal or expunge a record is seen as a confirmation that the underlying charges lacked merit.

A sealed or expunged record is just one more crucial tool to help you get hired and move on with your life.

What Charges Cannot Be Sealed?

Not every charge is eligible for sealing. This is a long list, but it includes most serious and violent crimes, as well as several common charges:

• Sexual misconduct, obscenity, and most sex crimes.
• Murder, manslaughter, and homicide.
• Robbery (of any kind), Carjacking, and Burglary of a dwelling.
• Drug Trafficking and Manufacturing.
• Possession of Child Pornography.
• Domestic Violence (battery, assault, or strangulation).
• Aggravated Assault, Aggravated Battery, or Felony Battery.

It is important to note that a traffic citation, like a speeding ticket, also generally cannot be sealed or expunged.

The Exceptions: Who You Can’t Lie To

Your legal right to deny or fail to acknowledge the arrest is not absolute. Once a record is sealed or expunged, you mustdisclose the incident if you are:

• Applying for employment with a criminal justice agency (e.g., police).
• A defendant in a criminal prosecution.
• Applying for admission to The Florida Bar.
• Seeking employment or licensure with the Department of Education, any school board, or any private/parochial school.
• Seeking to be employed or licensed by agencies dealing with children, the disabled, or the elderly (e.g., DCF, AHCA, DJJ).

John’s Takeaways

• You get one chance, period. Florida citizens are limited to one lifetime court-ordered seal or expunge. You must use it wisely.
• A conviction spoils everything. If you have ever been convicted of any crime, you are barred from sealing or expunging any record.
• Expunging is best. It physically destroys the records, while sealing merely hides them.
• Judges must have evidence to deny. If a judge denies your petition, the appeals court requires them to have a specific, evidence-based reason—the law favors the granting of your petition.
• The “Legal Lie” is a powerful defense. Even if a background company retains your information, a sealed/expunged record allows you to legally explain the incident away as a mistaken identification that was subsequently cleared.
• Serious charges are not eligible. Domestic Violence, sex crimes, and serious felonies can never be sealed.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

If you have an arrest record that is affecting your job prospects or your life, you need to determine if you qualify for a seal or expunge and then execute the process flawlessly, as you only get one shot. With over three decades of experience, I can help you clean up your criminal record.

Call my Orlando office today at (407) 423-1117 for a free, confidential consultation.