The Teddy Bear Factory: Why It Takes 6 Months to Expunge Your Record

By: John Guidry

To understand how long it takes to expunge a case, let’s indulge in a fantasy. Imagine an American company makes Teddy Bears in an Orlando factory.

• Cindy attaches the arms and legs.
• George attaches the eyes and ears.
• Bill boxes up the bear and ships it to happy children.

The Bottleneck: You walk in and see Bill sitting around twiddling his thumbs. Why? Because George has 1,000 bears stacked at his desk waiting for eyes. Bill can’t ship what George hasn’t finished. In the business world, we call this a Bottleneck (or the “Theory of Constraints”).

Now, if you think private companies have processing problems, imagine asking the government to fix something. Answering “How long does it take to expunge a case?” is a lesson in bottlenecks. And it is bottlenecks all the way down.

Did a lawyer promise you an expungement in 30 days?

They are lying. Call John today at (407) 423-1117 for the truth.

The “Three Body Problem” of Bureaucracy

In physics, the Three Body Problem states that you can calculate the movement of two planets, but once you add a third, the math becomes chaotic and unsolvable. The same applies to the three government agencies involved in your expungement. Here is the timeline of the breakdown:

Step 1: The State Attorney (The Signature)

• The Task: We must get the prosecutor to sign off on the application. They check if you are eligible.
• The Time: This is usually the fastest part. Figure 2 to 3 weeks to get their signature.

Step 2: FDLE (The Big Bottleneck)

• The Task: The Florida Department of Law Enforcement (FDLE) in Tallahassee must issue a “Certificate of Eligibility.” They check your fingerprints against the FBI database to ensure you have no hidden convictions in other states.
• The Time: This is “George” at the bear factory. They are chronically backlogged. This step alone takes 3 to 5 months. There is no way to speed this up.

Step 3: The Judge (The Final Hurdle)

• The Task: Once we get the Certificate from FDLE, we file a petition with the court. The Judge must sign the Order.
• The Time: Some judges sign it in days. Others require a hearing or wait for the prosecutor to respond (which they technically have 30 days to do). Figure 1 to 2 months.

The Total: If you add it all up, the process takes 4 to 7 months on average.

John’s 2026 Update: The “Automatic” Myth

Note: In the past, you had to apply for everything. In 2026, the law pretends to do it for you.

1. The “Automatic Sealing” Trap (F.S. 943.0595) Florida law now requires the Clerk to “Automatically Seal” cases that were completely dropped or dismissed.

• The Good: Technically, you don’t have to pay the $75 fee for this.
• The Bad: It often fails. The “Automatic” seal only hides the court record; it often fails to remove the arrest record from the Sheriff’s website or private background check databases.
• The Fix: We still recommend filing a formal Expungement Petition. A court-ordered expungement forces the agencies to physically destroy the record, which is much safer than relying on an automated clerk system.

2. Online Applications vs. Snail Mail FDLE now has an online portal, but don’t be fooled—it isn’t fully digital.

• The Bottleneck Remains: You typically still have to mail in a physical Fingerprint Card (hard copy). If the prints are smudged, they reject it, and you start the 4-month wait all over again. We ensure your packet is perfect before it leaves our office.

3. The “Private Data” Gap Even after the Judge signs the Order, your mugshot might still be on Google.

• The Reality: The government deletes its records, but BackgroundChecks.com and Mugshots.com do not automatically update.
• Our Service: In 2026, our expungement service includes sending “Takedown Notices” to the major private data brokers to ensure your digital footprint is as clean as your legal one.

Patience is Required (But We Handle the Stress)

If a lawyer tells you they can expunge your record in a month, hang up on them. They have never done this before. It takes time, but the freedom of a clean record is worth the wait.

Call me at (407) 423-1117. Let’s get “George” working on your file.

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.