The Scarlet Letter: Can You Get a Job With a Felony Record?

By: John Guidry

Wherever a group of people gather, judgment follows. The people within the group size each other up. But let’s face it: no judgment is harsher than the judgment against those with a felony conviction.

Being a convicted felon affects not just where you can work, but where you are permitted to live. And without work, it is hard to live.

We, the people, must balance our freedom of information about someone’s criminal history with our desire to permit all citizens to pursue life, liberty, and happiness. How do we do it?

Struggling to find work because of an old arrest?

You might be eligible to clear your record. Call John today at (407) 423-1117.

Step 1: Turn Off the “Faucets” (Sealing & Expunging)

For those of you with a criminal history, there are several government entities blasting your negative information out into the digital world like a garden hose.

The Three Main Faucets:

1. The Clerk of Court: Most clerks have websites that make your history available to anyone, 24/7.
2. Tallahassee (FDLE): They keep diligent arrest records that show up in state background checks.
3. Local Police: The agency that arrested you keeps the record on file.

The Solution: If you are eligible, Sealing or Expunging your record turns these faucets off.

• Once a judge grants the petition, the Clerk removes it from the website.
• The arresting agency must seal the record.
• You can legally deny the arrest happened on most job applications.

The Catch: This is a privilege usually reserved for those who were not convicted (i.e., your case was dropped or adjudication was withheld). If you were “Adjudicated Guilty,” you generally cannot seal your record in Florida.

Step 2: “Ban the Box” (A Fair Chance)

But what about convicted felons? They have paid their debt to society—prison, probation, fines, and restitution. Yet, the punishment continues every time they apply for a job.

One way to help is “Ban the Box” legislation. These laws prohibit employers from asking criminal history questions (“Check this box if you have ever been arrested…”) during the first round of hiring.

Why It Works:

• Foot in the Door: It allows applicants to explain their history during an interview, rather than being tossed in the trash bin before meeting anyone.
• Recidivism: Employment always reduces crime. Always. If we want fewer criminals, we need to let people work.

The “Big Government” Problem (Zero Tolerance)

Our biggest problem is our ever-growing government. The more government you have, the greater the chances our young people will get entangled in the cycle of dependency.

Take something as seemingly innocent as “Zero Tolerance” in schools.

• Then: A fight at school meant a trip to the principal’s office and a suspension.
• Now: A fight at school means an arrest, a criminal record, and a “School-to-Prison Pipeline.”

As Ayn Rand famously said:

“The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

John’s 2026 Update: Where Can You Apply Today?

Note: Since the original writing, there have been some local victories.

1. Orange County “Banned the Box” (For Government Jobs) In 2021, Orange County passed a policy removing the criminal history question from initial applications for County Government positions.

• What this means: If you apply for a job with the County (Public Works, Utilities, Admin), they will look at your qualifications first. They will only check your background after they decide you are qualified.

2. Private Employers Can Still Ask Unfortunately, Florida has no statewide law banning private employers from asking about felonies.

• A private construction company or retail store can still ask you to “Check the Box” on day one.

3. The Juvenile Victory (SB 274) There is good news for the kids. Florida passed Senate Bill 274, which allows for the expungement of juvenile arrest records for any offense (even felonies) if the child successfully completed a diversion program.

• If your child was arrested for a felony fight at school but finished diversion, we can now wipe that record clean so it doesn’t haunt their adult life.

Can We Clear Your Path?

If an old arrest is holding you back, we need to see if you qualify for Sealing or Expunging. If not, we can guide you toward “Second Chance” employers who look past the box.

Call me at (407) 423-1117. Let’s get you back to work.

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.