The Administrative Expunction: Chasing a Unicorn in a Field of Donkeys

By: John Guidry

Expunging a record can be a time-consuming process because you have to wait on the government at several different stages.

• The Wait: First, the State Attorney must sign off (no deadline). Then, the FDLE must run a background check (weeks? months? who knows?). We are dealing with the government, and they are in no real hurry.

But one particular expunge process takes government control to a whole new level. It is called an “Administrative Expunction.”

Was your arrest a clear case of mistaken identity?

You might qualify for the rarest expunction of all. Call John today at (407) 423-1117.

The Statute: “Contrary to Law or By Mistake”

This type of expunge is brought to you by Florida Statute 943.0581.

• The Catch: Believe it or not, neither you nor I can apply for this on our own.
• The Rule: Only the Government may apply for it (or endorse it).
• The Standard: It applies only when an arrest was made “contrary to law or by mistake.”

What Does “Contrary to Law” Mean? By my count (unscientific, but accurate), plenty of arrests are “contrary to law.”

• My Logic: If a Judge throws out a drug case because the search was unconstitutional, wasn’t the arrest “contrary to law”?
• The Reality: The police disagree. They almost never admit an arrest was “illegal” just because they lost the suppression hearing. They view this statute as reserved for True Mistaken Identity (i.e., they arrested John Smith, but they meant to arrest John Smyth).

The Trap: Asking the Fox to Guard the Henhouse

Technically, the statute permits a citizen to apply, but the application must be:

“Supported by the endorsement of the head of the arresting agency… or the state attorney.”

The Problem: Are we ever going to get a law enforcement agency to sign a letter admitting their officers did something illegal? Don’t hold your breath.

• The Ego Factor: Police Chiefs hate admitting liability. Signing an Administrative Expunction application is essentially a written admission that they screwed up. They fear lawsuits, so they refuse to sign.
• The Result: Even if a Judge rules the arrest was bogus, if the Agency refuses to endorse the application, it is dead in the water.

This makes the Administrative Expunction a Rare Bird—a unicorn that only appears when the police accidentally arrest the wrong twin brother. For everyone else, we stick to the standard Court-Ordered Expunge.

John’s 2026 Update: AI False Arrests & “The Computer Did It”

Note: In 2015, we begged police to admit human error. In 2026, they happily blame the computer.

1. The Rise of AI False Positives In 2026, Administrative Expunctions have exploded in popularity due to Facial Recognition Errors.

• The Scenario: An AI camera at a mall flags you as a “Wanted Felon” (93% match). Police swarm you, arrest you, and fingerprint you.
• The Mistake: An hour later, they realize the AI was wrong. You are innocent.
• The Pivot: Unlike human error, police are happy to sign off on these Administrative Expunctions because they blame the software vendor. “We didn’t make a mistake; the algorithm did.”

2. The “Ghost Record” Problem Florida now has Automatic Sealing for dropped charges, but that isn’t enough.

• The Gap: Auto-sealing hides the court file, but the Arrest Record remains in the police database (and on mugshot websites).
• The Fix: The Administrative Expunction is the only way to nuke the arrest record from the police servers and the FDLE simultaneously. In 2026, if you are a victim of AI mistaken identity, we demand this specific remedy to clear your “Digital Twin.”

3. “Predictive Policing” Errors Police now arrest people based on “Predictive Behavior” algorithms.

• The Defense: If the algorithm predicted you were “about to rob a store” but you were just window shopping, we argue the arrest was “Contrary to Law” because it was based on statistical probability, not Probable Cause. We are seeing more Agencies agree to expunge these “glitch” arrests to avoid bad PR.

Don’t Settle for a Sealed Record

If you were arrested because of a glitch, a mistake, or a lazy algorithm, you deserve more than a sealed record—you deserve a total erasure.

Call me at (407) 423-1117. Let’s delete the mistake.

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.