Criminal Defense
Since 1993
Since 1993
Dismissal Isn’t Enough: Why You Must Seal or Expunge Your Orlando Shoplifting Record
By: John Guidry II
You successfully completed the diversion program for your petit theft or shoplifting charge. You did the community service, you took the anti-theft class, and the prosecutor has officially dropped your case. So why does the arrest still show up on background checks?
This is a frustrating reality for many. Getting your case dismissed is only half the battle. It is not enough.
The problem is that even after a dismissal, a public record of the incident still exists. Anyone conducting a background check can still see your online mugshot and the public court docket showing you were arrested and charged with a crime. Theoretically, the clerk of court should, at minimum, seal your record after the case is dropped. Unfortunately, they rarely do what they’re supposed to (well, Orange County’s clerk is pretty good at this). So, to truly erase the event, you might need to take the final, crucial step: expunging your record.
Is a Dismissed Theft Case Still Haunting Your Background Checks? It’s time to finish the job and clear your name for good. Call my office to start the expungement process today. Call John Guidry: (407) 423-1117
The Final Step: Expungement Offers Complete Erasure
An expungement is a legal process where we petition the court to destroy the public records associated with your arrest and charge. Once a record is expunged, it is as if it never happened. This process, which can take several months, is the only way to ensure your future is not compromised by this one mistake. Your end goal should not just be dismissal, but complete erasure. Technically, your criminal records are placed in a shredder. Gone.
What About Florida’s New “Automatic Sealing” Law?
A recent Florida law sounds good on paper: it requires the Clerk of Court to automatically seal the records of first-time shoplifting cases that have been dismissed. If this new law worked like it is supposed to (and it does in Orange County, thank you Orange County clerk of court!), we wouldn’t be having this discussion.
Unfortunately, the reality is very different. The law gives the clerks no deadline to complete this task, and many clerks’ offices are overwhelmed and simply not doing what the law requires in a timely manner. We are seeing these “automatic” sealings take a year or longer, if they happen at all.
This leaves you with a choice:
- You can wait indefinitely for the free but unreliable government process and hope it gets done eventually.
- Or, you can take control of your future by hiring an attorney to proactively file for an expungement, ensuring it gets done correctly and as quickly as possible.
Don’t leave your clean record to chance. I have helped countless clients in Orange, Seminole, Osceola, Lake, Brevard, and Volusia counties seal and expunge their records, giving them the true clean slate they deserve. If you’re ready to put this behind you for good, call my office.
If you’re struggling with whether or not to erase your dropped shoplifting criminal history, check out my video “Do You Still Need to Seal Your Case?“
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.