Florida Expungements
Assisting people Seal and/or Expunge their criminal arrest records throughout the State of Florida.

Sealing and Expunging of Records in Florida
Criminal Record Expungement
STATEWIDE  FLORIDA   REPRESENTATION
Expungement Attorney in Orlando, Florida
Felony and Misdemeanor Expungements

Definition of Sealing of Criminal Records

Arrests that result in a finding of guilt but with a withholding of the adjudication of guilt (the conviction) can be sealed and thus removed from public records. Not all offenses qualify for this relief (click HERE for list of disqualifying offenses).  If the adjudication of guilt was withheld then you have a good chance that you qualify to have your arrest history sealed under Florida law.

Definition of Expungement of Criminal Records

All arrests that result in a dismissal or nolle prosequi (State drops case) can be expunged so long as you have never been adjudicated guilty or delinquent for any other arrest.  The expungement process can begin immediately after the dismissal.  Expunging a criminal arrest record means to remove that arrest record from being a public record.  An expungement may be the best way to guarantee that a past mistake does not come back to haunt you.

Learn to seal or expunge your criminal arrest history record today before the day arrives that requires an expungement in an unrealistic amount of time (most sealings/expungements take between 6 and 8 months to complete).  A single arrest can have devastating results to your career, salary, and job placement, especially if your are between jobs, just graduating college or high school, or looking for a promotion.  Don't let that mistake haunt you for the rest of your life.  By having a criminal arrest history Sealed (Seal Record) or Expunged (Expunge Record) the Florida Legislature allows you to legally state that you have not been convicted or arrested for that particular offense.  For costs and fees click HERE.

Florida is among several states that allows a person arrested for a crime to either seal or expunge it from their criminal history record - removing it from official background checks and allowing that person to deny and fail to acknowledge that the arrest ever occurred (Click HERE for more info on the denial rule).  Please read below:

Florida does not have any time limits to begin the sealing or expungement process.  However, the laws change and everyone with an arrest on their record should get it sealed or expunged while the laws allow it.  Waiting will not make it go away and often waiting jeopardizes the ability to expunge or seal your record.

Anyone who is arrested under Florida laws can petition the court to seal or expunge their arrest history so long as they qualify under the current law (dismissal or adjudication withheld).  This means that visitors arrested here in Florida but return to their homes that are out-of-state or out-of-country must still apply in Florida for this process to occur.  People arrested in other States (unless the arrest was based on a Florida warrant) should go to www.sealandexpunge.com to find an attorney in the state where the arrest occurred.

The Law Office of Eric J. Dirga, P.A., can get you started today on sealing or expunging your arrest record.  The average time from the beginning until the Seal or Expungement Order being issued is on average between 6 to 8 months.  The main delays are usually bureaucratic in nature (paperwork being completed by several agencies, response times, notices, etc.).  Do not delay.

Finally, by waiting you increase the chances that the Florida Legislature will amend the statute and prevent you from having the ability to seal or expunge your record.

Step One

Determine what type of expungement (expunge record) or sealing (seal record) you really need.  If you have never been arrested but have an arrest or arrests appearing on your criminal history background check, then go to the Correct Your Criminal Record page.  If you were arrested due to a mistake (for example, arrested on a warrant for a person with the same name as you) then go to Administrative Expungements page.  If you are a juvenile (under 18 years of age) please go to the Juvenile Seal and Expunge page first.  If you were arrested for any other reason please continue on to Step Two.

Step Two

Qualifying

The next thing needed to be done is to run a background check on yourself through the Florida Department of Law Enforcement [FDLE] to see if you qualify.  But before you do that ask yourself these questions:

1.    Have I ever been adjudicated "delinquent" of a crime as a juvenile?
2.    Have I ever been adjudicated "guilty" of a crime as an adult? (or was adjudication withheld)
3.    If I pled guilty or no contest for the arrest I want sealed (seal record) or expunged (expunge record) did the judge adjudicate me "guilty" or "delinquent" of any charge against me?
4.    Have I ever sealed or expunged a prior arrest record anywhere before today?

(Many people are confused about what it means to be adjudicated guilty.  Just because you pled "guilty" or were "found" to be guilty does not mean you were adjudicated guilty.  A judge must adjudicate you guilty or "withhold" adjudication when he/she sentences you.  If you are confused you can check with the clerks office in the courthouse where your case was handled or run a background check on yourself.  Please read on.)

If you answered "no" to all of those questions you probably can seal or expunge your record.  If you answered "yes" to any of those questions go to the "Expungement FAQs" page and see if any questions you have are answered there.  If you still have questions go to the "Contact Us" page and send me a detailed description of the events that made you answer "yes" to the above question(s) or just give us a call and we can probably clear up the confusion.  For those who answered "no" to all the questions and are positive of your answers go to Step Three. 

If you are not sure then run a background check on yourself through FDLE.  It costs $23 and can be found by going to the Background Check page.  Choose to have the results emailed to you if possible and then "cut and paste" the results to our office (ejdirga@ejdirga.com) or fax them to (407) 841-9090.  This will allow us to evaluate your chances of a successful seal or expunge of your record.

If you would like my Office to check to see if you qualify we can do that.  We charge a flat fee of $99 to determine your qualification to receive a Certificate of Eligibility from FDLE.  All we need to get started on this is the information from the Get Started page and payment.  Results usually take 2-3 weeks and you will be notified in writing.  If qualified, the $99 will be put toward your legal fee.

Step Three

Providing Information

Go to the Get Started page and submit the information requested.  Be specific and do not guess.  This will complete the information we require to begin the process of sealing or expunging your record.

Step Four

Legal Fees

Evaluation (optional):  We will evaluate your situation in advance for a fee of $99 to determine if you qualify (call first - we can usually figure it out over the phone for free).  This procedure may not be necessary if you are sure of the circumstances regarding your arrest record.  If you are not sure the $99 spent may save you hundreds of dollars in attorney fees and the $75 FDLE fee. 

Legal Fees and Costs:  We will explain all fees and costs to you in person or over the phone if requested.  Total out of pocket cost to you runs about $950 to $1,050 but we do not ask for that amount all up front.  Our current billing structure to seal or expunge a criminal history can be found at the FEES page.  Please review our fee structure before continuing.    If you have a question about a legal fee or cost please contact us immediately or ask before hiring us.  Step Four requires the receipt of the current initial legal fee payment of $425.

The fees are subject to change.  For actual fees go to our expungement fees page.

These fees are for the entire arrest - not the number of counts or charges for which you were arrested.  For example, if you were arrested for the single count of possessing less than 20 grams of cannabis (pot) the fees and costs would be exactly the same if you were arrested for multiple counts of (1) possessing less than 20 grams of cannabis and (2) possessing drug paraphernalia (pipe).  One arrest, one fee.

Step Five

The Wait

Return all documents you receive following the instructions, check your email periodically, and relax.  We will take care of everything else.

Note: There is no expedited process.  We cannot make one expungement or sealing occur faster than another.  If you require an expedited process we cannot do it - nor can any one else.  The bureaucracy is the machine we are working with...

Experience/Benefits

In 1997-8 Eric J. Dirga worked in the appellate division of the Ninth Judicial Circuit State Attorney's Office where he handled all seal and expunge petitions for both Orange County and Osceola County.  During his tenure he handled many hundreds of petitions.  In private practice he has assisted hundreds of individuals clean their record.  He has extensive knowledge of the law in this area and is willing to assist anyone who desires his representation.

Remember that not all attorneys are experienced in this procedure.  Filing mistakes and forgotten forms will delay the court from sealing or expunging your record by weeks or even months.  Additionally, lack of knowledge may cause another attorney to mistakenly tell you that he/she cannot seal or expunge your record.  Eric J. Dirga is very experienced, very knowledgeable, and his fees are reasonable.  Have a question - please call us.  Have a group that would like to have a speaker, click here.

Finally . . .

Once we have received documentation that the Court Order has been processed - meaning the legal procedure to have your record sealed or expunged has been completed - we must assist other clients with their petitions. 

In order to charge a reasonable fee we have not included the cost for checking that all affected agencies comply with the Court Order.  Many clients want to double-check with FDLE to make sure their record is no longer public.  The best way to accomplish this is for the client to call or email FDLE personally after they have been notified that the process has been completed.  This usually means the receipt of a certified copy of the Order.

The employees at FDLE have a heavy workload.  Having one attorney calling on every case would cross the fine line from inquisitive to nag fairly quickly.  The FDLE employees are professional and friendly and will be more than helpful if contacted.

Click HERE to find helpful links

Click HERE for the statutory disclosure exceptions.

Offenses that CANNOT be Sealed (seal record).

There are certain offenses that cannot be sealed if you were found guilty of committing them.  These Offenses CAN be Expunge if they were dismissed and you meet all other requirements.  Please click HERE to view the listed offenses prohibited from being sealed.