Do I Need the Same Attorney for My Florida Expungement?

By: John Guidry

I love this question. After a criminal case is resolved, many people wonder if they have to use their original lawyer to seal or expunge their record. My answer is simple, and I suppose a bit self-serving: No, you absolutely do not.

In fact, sometimes a fresh set of eyes on the final step of clearing your record is a great thing. My firm is always happy to help you erase your criminal history, even if we didn’t handle the original charge. I encourage you to find the attorney you are most comfortable with for this important process.

Ready to Clear Your Record in Orlando? Whether I handled your original case or not, my firm has been helping clients seal and expunge their records in Central Florida since 1993. Call for a consultation. Call John Guidry: (407) 423-1117

Good Reasons to Hire a New Attorney for Your Expungement

There are many situations where hiring a different lawyer for your seal or expungement makes perfect sense.

• You Had a Public Defender: Public defenders do an incredible job, but their role typically ends when your case is closed. They generally do not handle post-case matters like sealing or expunging your record.
• Your Original Attorney is Unavailable: Lawyers retire, change practice areas, or move out of state. It’s very common for a client’s original attorney to no longer be an option.
• You Weren’t Satisfied with Your Original Attorney: You are never obligated to re-hire a lawyer you were unhappy with. This final step is your chance for a fresh start with a new firm that is a better fit for you.
• You Want a Firm with Extensive Expungement Experience: The process of sealing and expunging a record is a specific, document-heavy procedure. It can be beneficial to hire an attorney who handles these filings routinely and knows the ins and outs of the process with FDLE and the local Clerk of Court.

The One Exception: Very Serious or Complex Dismissed Charges

There is always a “but.” If your original case was for a very serious and factually complex charge that was ultimately dismissed—think child molestation, a serious sex offense, or a home invasion—it may be more efficient and save you money to go back to your original attorney.

The reason is that these types of expungements can sometimes draw an objection from the prosecutor. Your original attorney is already deeply familiar with the complex facts and weaknesses of the State’s case, which puts them in the best position to quickly overcome that objection. In these rare and serious cases, I suggest you at least check in with your original attorney first.

For all other matters, however, feel free to shop around. If you are looking to clear a record from Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, we would be honored to provide that fresh set of eyes and help you finally close this chapter of your life.

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.