When the Government Refuses to Erase Your Past (FDLE vs. You)

By: John Guidry

Lots of folks have a pretty positive vision of the future of humanity—so long as technology is there to save us. After all, where would we be if someone way back when didn’t figure out how to start a fire?

But one thing is certain: Technology is bad for folks with criminal records. Fifty years ago, it was tough to track down a misdemeanor arrest from the 1990s. Now, criminal arrest records are visible worldwide within hours of the incident.

The only way to fix this problem is to Seal or Expunge the arrest. But what happens when the agency in charge of helping you decides to block you instead?

Denied a Certificate of Eligibility by FDLE?

They might be overstepping their authority. Call John today at (407) 423-1117.

The Case: Lazard v. State

Most people think the sealing process is automatic. “This should be easy, right?” Well, not so fast. In the case of Lazard v. State, 228 So. 3d 1183 (Fla. 5th DCA 2017), one citizen found this out the hard way.

• The Arrest: Lazard was arrested for Aggravated Child Abuse (allegedly hitting a child with an extension cord).
• The Result: He pled down to a misdemeanor (“Contributing to the Delinquency of a Child”), received a “Withhold of Adjudication,” and completed probation.
• The Goal: Years later, he hired an attorney to seal the record so he could move on with his life.

The Obstacle: Before you can ask a Judge to seal your record, you must get a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). FDLE refused to issue Lazard’s certificate. Their reason? They claimed the case was “related to domestic violence,” and domestic violence cases cannot be sealed.

The Law: FDLE is a Clerk, Not a Judge

FDLE’s refusal had a grain of truth: Florida law does forbid sealing a case if it relates to domestic violence. But is it FDLE’s job to decide that?

Under Florida Statute 943.059, FDLE must issue a certificate if you meet 6 specific criteria:

1. Submitted a certified disposition.
2. Paid the $75 fee.
3. Never been convicted (Adjudicated Guilty) of a crime.
4. Not found guilty of acts related to this specific arrest.
5. Never sealed a record before.
6. Completed supervision.

Lazard met all six. Nowhere in that list does it say “FDLE can deny you if they think it looks like domestic violence.”

The Victory: The Judge Decides, Not the Bureaucrats

The Appellate Court sided with Lazard. They ruled that FDLE’s job is ministerial—meaning they just check the boxes.

• If you meet the 6 criteria, FDLE must issue the certificate.
• Once you have the certificate, you take it to a Judge. The Judge then holds a hearing to decide if the facts of the case were “related to domestic violence.”

The court held:

“It would be for the trial court to hold an evidentiary hearing to determine whether Lazard’s offense ‘related to’ an act of domestic violence… [The State] cannot rely on police officer hearsay contained in arrest reports.”

Basically, FDLE cannot use the police report to deny you. Only a Judge can look at the evidence and make that call.

John’s 2026 Update: The Automatic Sealing Revolution

Note: The sealing process has changed massively since 2017.

1. Automatic Sealing (The “Clean Slate” laws) As of 2026, you may not even need to apply to FDLE.

• Dropped Charges: If your case was dismissed or Nolle Prosequi (dropped) by the State, the Clerk of Court now automatically seals the record in many instances. You don’t pay the $75 fee, and you don’t file a petition.
• The Limit: This usually does not apply if you took a plea deal (like Lazard did). If you pled “No Contest” and got a Withhold, you still have to do it the hard way.

2. The Domestic Violence Trap Remains Even in 2026, the “Domestic Violence” exception is a killer.

• If you enter a plea to any charge (even a non-DV charge like Breach of Peace), prosecutors will still try to block the sealing if the original arrest was domestic.
• My Strategy: We use the Lazard ruling to force the prosecutor to bring live witnesses to the hearing. They can’t just wave the old police report at the judge. If the victim doesn’t show up to testify about the “domestic” nature of the incident, we win, and the record gets sealed.

Don’t Let FDLE Tell You “No”

If you received a denial letter from FDLE claiming you aren’t eligible, don’t throw it in the trash. They often get the law wrong. We can appeal their decision or file a motion to compel them to do their job.

Call me at (407) 423-1117. Let’s clear your name.

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.