Do I Qualify to Seal or Expunge My Record in Florida? A 2-Question Guide

To figure out if you can have a criminal record sealed or expunged in Florida, we really need to answer two separate questions. The rules are strict, and the details matter.

My name is John Guidry, and I want to walk you through this initial analysis. With this knowledge, you can get a good idea of whether you can move forward with clearing your record.

Want to Clear Your Florida Record? Let’s walk through the eligibility questions together. Call my Orlando office for a free analysis of your criminal history. Call John Guidry: (407) 423-1117

Question #1: What is on Your PRIOR Florida Record?

This is the first and most important hurdle. Before we look at the case you want to erase, we have to look at your entire criminal history in the state of Florida.

• You are DISQUALIFIED if: You have ever been convicted (adjudicated guilty) of any crime in Florida, either as an adult or a juvenile. A single Florida conviction, even for a minor offense, will prevent you from sealing or expunging any other case. (Note: Convictions from other states do not disqualify you in Florida).
• You MAY QUALIFY if: Your prior criminal history is “squeaky clean” in one specific way: you have never been formally convicted of a crime in Florida. This means all of your previous cases were either dropped or you received a “withhold of adjudication.” A withhold means you entered a plea, but the judge did not formally convict you.

If you have never been convicted in Florida, you pass the first test and can move on to Question #2.

Question #2: What Happened to the Case You Want to Erase?

Next, we look at the specific case you want to get rid of. The outcome of this case determines whether you will apply to seal it or expunge it.

• If the case was DROPPED or DISMISSED: Great news. You can apply to EXPUNGE the record. An expungement results in the physical destruction of the file.
• If you received a WITHHOLD OF ADJUDICATION: You can apply to SEAL the record. A sealed record is hidden from public view. This applies to common charges like a petit theft or grand theft where you received a withhold.

Important: Some Charges Cannot Be Sealed, Even With a Withhold

Here is where the nuances come in. Florida law has a list of specific charges that are disqualified from being sealed, even if you received a withhold of adjudication. The most common example is Domestic Violence Battery. While you can expunge a DV charge that was dropped, you cannot seal a DV charge where you received a withhold. This is not fair, but it is the law.

These are the two major questions we ask to determine your eligibility. I recommend that you take advantage of these laws if you qualify. It is worth the effort to put a dark chapter of your life behind you for good. If you have a case in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. I have been helping clients navigate this exact process since 1993.

If you’re interested in learning more about sealing and expunging in Central Florida, check out this video entitled “Don’t Qualify for an Expunge Due to a Prior Conviction? Maybe We Can Fix That?“.

About the Author, 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.