First-Time Petit Theft in Orlando? How to Get Your Case Dismissed.

By: John Guidry II

If you’ve been accused of a first-time petit theft or shoplifting in Central Florida, take a deep breath. I have good news for you. With the right legal strategy, there is an excellent chance we can get this case dropped and erased from your record forever.

My name is John Guidry. For over 32 years, I’ve guided clients through this process. There are two very different paths this can take. Let’s review the common mistake people make and then focus on our strategy for success.

Accused of Shoplifting in Orange, Seminole, or Osceola County? A single mistake shouldn’t ruin your future. Call me, John Guidry, for a confidential review of your case. Call Now: (407) 423-1117

The High Cost of “Going It Alone”

The worst possible outcome for a first-time shoplifting charge almost always happens to people who try to handle it themselves. They show up to their first court date (arraignment) alone, facing a prosecutor and a judge whose job is not to protect their best interests.

The typical offer in this situation is a plea that results in:

• A permanent criminal conviction on your record.
• Probation, fines, and community service.
• Serious, often permanent, consequences for employment, housing, and even immigration status.

I understand the hesitation. An attorney telling you to hire an attorney sounds like a barber telling you that you need a haircut. But pleading guilty at arraignment just to “get it over with” is a life-altering mistake.

Our Two-Step Strategy for a Clean Record

The good news is, for most first-time offenders, there is a clear path to a complete dismissal. Here is the strategy we will pursue.

Step 1: Getting Your Case Dismissed Through a Diversion Program Most Central Florida counties offer a “diversion” program for first-time shoplifting offenses. This is your golden ticket. Diversion is a simple agreement with the State Attorney’s Office:

• You complete a brief anti-theft class.
• You may have to complete a small amount of community service.
• Once completed, the prosecutor completely drops the charges against you.

This allows you to avoid a conviction and the stress of a trial.

Step 2: Erasing the Arrest with an Expungement This is the final, crucial step that many people miss. Just because your case is dropped does not mean the record of your arrest disappears. It will still show up on background checks for jobs and apartments.

An expungement is a separate legal process where we petition the court to permanently seal and destroy the public record of your arrest. Once a case is expunged, you can legally deny it ever happened. This is how we ensure the slate is truly wiped clean. Not everyone needs an expunge these days because the clerks of court are “supposed to” automatically seal your case once its been dropped. The issue here is that an automatic sealing is just fine for most purposes. For more information on this issue, watch my video “Do You Still Need to Expunge Your Case?“

Not All Central Florida Counties Are the Same

It’s important to hire a local attorney who understands the specific procedures of the county where you were arrested. Orange County and Osceola County, for example, handle these cases very similarly. However, the diversion programs and processes in Seminole County and Volusia County have unique differences. Having defended petit theft cases in every court in Central Florida, I know how to navigate the specific system you’re facing.

Your future is too important to risk. If you handle this correctly, the case will be dismissed and your record will be cleared. Let’s make sure that happens.

For more information on shoplifting and petit theft here in Central Florida, check out my video “How Bad is a Petit Theft (Shoplifting) in Florida?“

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.