Criminal Record History Sealing and Expungement
Frequently Asked Questions

Answer your expungement questions by clicking on the question below:

Q1. Why is it referred to as "criminal arrest history" rather than "criminal record?"
Q2. What is the difference between a Sealing and an Expungement of my records?
Q3. Can the public access a sealed record easier than an expunged record?
Q4. Is there a time limitation as to when I can petition the court for a sealing or expungement of my record?
Q5. I pled to an offense.  Can I still have it sealed or expunged?
Q6. I want to seal or expunge my records on my own - can I do it?
Q7. Once I start expungement or sealing, how long does it take before my record is removed from public record?
Q8. What if FDLE denies me a Certificate of Eligibility for an expungement or sealing?
Q9. Why should I hire this law firm over a local law firm?
Q10.  I was arrested as a juvenile.  Aren't juvenile records sealed automatically?
Q11.  How much does your Office charge to seal or expunge a record?
Q12.  How many times can a person have their criminal arrest history sealed or expunged?
Q13.  If a DUI arrest that resulted in an acquittal or dismissal is expunged or sealed will the corresponding DUI record be removed from my driving record?
Q14. What is the difference between "adjudicated guilty" and a "withhold" of adjudication?
Q15.  Why should I bother sealing or expunging my record now?

A1. Many people believe that if their case was dropped or dismissed they don't have a  record.  This is inaccurate.  A record begins once you've been arrested.  The case may have been dropped, dismissed, or nolle prosequi but your arrest history remains.  Anyone who wants to check your past can discover that you were arrested and for what you were arrested.  Hence, the term arrest history better reflects the nature of a sealed or expunged record and the procedures involved.

A2. The short answer is very little as far as its effect on your goal - to eliminate from public view your criminal history.  The technical answer is that a sealing does not require certain agencies to actually "destroy" their records whereas a court order expunging records does.  Florida, unlike many other states has two methods for removing a criminal history record from the public records.  Most of us have heard of "expunging" a record but the idea of "sealing" a record is new.  What is the difference?

The first thing you need to understand is that the qualifications for sealing or expunging are different.  Each requires that you not have been previously adjudicated guilty or adjudicated delinquent of any offense.  The term "previously" refers to before the date you apply for a sealing or expungement (rather than before the date of the arrest).

If you were arrested and the case was ultimately dismissed or dropped (successful completion of pretrial diversion program normally ends with the case being dropped) then you qualify to have that arrest history expunged.  Just remember, to have your record "expunged" you case needs to have been dropped or dismissed.

If you were arrested and ultimately pled guilty or no contest AND had adjudication of guilt "withheld" (see question 14) then you may qualify to have your record sealed.  Remember, to "seal" a criminal history is a two-step process.  First, adjudication of guilt must have been "withheld", and second, the offense must qualify.

Both sealing and expunging a record removes the information from public records.  Both require that the information be made confidential.  An expungement goes one step farther and requires that the arresting agency, the sheriff's office, and the state attorney's office actually physically destroy their records of the arrest.

Most law enforcement agencies destroy their physical records after several years maintaining only an electronic record of the arrest.  The Court Order will require that agency to remove the remaining electronic record from public access.

A3. No.  Both procedures require the court, state attorney, and the law enforcement agencies to remove all information regarding the sealed or expunged record from the public view.  A Court Order is necessary before a court record can be unsealed after a sealing or expungement has taken place.

A4. No.  So long as your case disposition is completed your criminal arrest history can be sealed or expunged.

A5. Yes, depending on the sentence, you may be able to have your record sealed. An expungement requires that the case have been either dropped or dismissed.  A sealing depends on whether or not adjudication of guilt was withheld and with which offense were you charged.

A6. Yes.  The court system in this country allows for people to represent themselves (pro se).  However, no one is required to walk you through the procedures of a sealing or expungement.  Sometimes judges become frustrated by pro se litigants because they must remain neutral and therefore must refrain from appearing partial or biased and, hence, cannot help you.  The opposing party on a sealing or expungement petition is the state of Florida represented by the state attorney's office.  Many assistant state attorney's will argue against the court granting your request and since it is discretionary, the court can deny a petition even though you otherwise qualify.  The potential headaches and delays created by trying to wade through the paperwork and procedures pro se makes hiring an attorney a sensible and cost effective alternative.

A7. This is a good question.  It can take several months from starting the process to completion by having an expungement order signed and forwarded to the respective agencies.  However, this office prides itself on speed.   We always tell our clients the average time is at least 6 months. The delays are due to the wait for the State Attorney's Office to return your application, waiting for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), and the time allowed by the court for any responses to the Petition to Seal or Expunge.  I also find myself in a small percentage of cases battling the clerk's office to locate and deliver the file to the judge or the proper clerk.  Bottom line: Don't delay.

NOTE: Once the Order has been processed your record is no longer "public."  However, right now there are private companies that collect "public" records to sell.  It takes them about 6-12 months to cycle through the system and "lose" your record once it has been sealed or expunged.  We have no control over these private companies whose defense is always "it's a public record."  You may have a claim for monetary losses if your sealed or expunged record information is released by one of these companies.

A8. This is another reason to seek the advice of an attorney beforehand.  First, you are out the $75 you sent to FDLE. Second, there are legitimate reasons FDLE would deny a Certificate of Eligibility.  They may deny it because the offense is barred from being expunged or sealed or it may be denied due to a procedural error that may be correctable if you know what you are doing.  We provide our clients with legal services to obtain Certificates of Eligibility that by all accounts should be issued.  We also advise our clients of potential reasons why FDLE would not issue a Certificate of Eligibility before they spend the $75.

If a person is denied a Certificate of Eligibility there are two possible paths to take to correct the situation.  First, determine if the reason is correctable.  Often times the FDLE will issue a Certificate of Eligibility once the error is corrected.  Second, if there is no error the only option is to file a petition for writ of certiorari.  This must be filed within 30 days of the denial.  Our Office is experienced in appellate procedure and has the ability to fight a denial up through the court system.

A9.  Eric J. Dirga has extensive experience actually petitioning for this request.  He has studied all the statutes, cases, administrative rules, and attorney general opinions on this subject.  This knowledge and experience helps speed the process along.  It also ensures that your record(s) have the best chance of being sealed or expunged the first time.  Moreover, if you are denied this request, Eric J. Dirga is an experienced appellate attorney as well.  If grounds exist to appeal FDLE's refusal to issue a Certificate of Eligibility or the trial court's denial of the Petition - Eric J. Dirga can seek review from a higher court.

Distance has little to do with this request.  Most of the initial paperwork can be done with a phone call and express mail.  Furthermore, Eric J. Dirga will travel throughout the State of Florida if a hearing is necessary.

Finally, our fees are very reasonable.  Before you ever pay a dime for an expungement we will tell you if you qualify for a certificate of eligibility.

A10.  I was of the same opinion for many years.  I always believed that a person was wasting their money and their one shot when they sealed or expunged a juvenile record.  But, lo and behold, juvenile records are not automatically sealed and confidential (some are expunged after 5 years).  What's more, they are actually available to the public for certain reasons.  This shocked me!

The good thing is that now the legislature allows for juveniles to expunge records that go through qualified diversion programs without using up that persons one "sealing" or "expungement."  This process must be commenced within 6 months of completion of the diversion program.  Additionally, I now recommend that juveniles and their parents seriously consider sealing or expunging their record if the first option is not available.

A11.  Our costs are spelled out in detail on our FEES page but in a nutshell the total out of pocket cost to you is between $700 and $800 (not including mileage if a hearing is required.  This amount is not due all up front.  In order to make it more affordable and convenient  we charge in several payments.  To get started all we need is an initial payment of $325.

A12.  Under Florida law only once unless he/she had a record expunged as a juvenile through a qualified diversion program.  Additionally, mistaken arrests may be administratively expunged without using your §943.0585 or 059 opportunity.  However, don't think that this means you can go to another state to seal or expunge another record.  The state in which you were arrested is the only state that has jurisdiction to seal or expunge your arrest.

A13.  The Florida Department of Law Enforcement is only responsible for the records they maintain, as are the other law enforcement agencies that receive a seal or expunge Order from the court.  However, by statute, these agencies are required to forward said Order to other agencies that they know have information regarding the particular arrest.  Although there is no case on point, an Order to Seal or Expunge a criminal history arrest for DUI should have in it a requirement that a copy be sent to the Florida Department of Highway Safety and Motor Vehicles main office in Tallahassee.

The DMV may deny this and therefore it may be necessary to pursue it further.  (Currently the DHSMV is not following the Order to Seal or Expunge and therefore it will be necessary to challenge this further up through the appellate courts.)

A14.  When you enter a plea to an offense the judge can either adjudicate you guilty (if an adult), adjudicate you delinquent (if a juvenile), or "withhold adjudication" of guilt or delinquency.  Only charges that were either dropped or had a "withhold of adjudication" can be expunged or sealed.

You must understand that when we talk about sealing or expunging a record, we are talking about "arrest records."  That means you have a record from the time of arrest and it does not disappear because your case was dismissed or dropped.

In Florida a defendant can be found guilty of an offense but not be "convicted" of it.  When a judge "withholds" adjudication of guilt the defendant is not "convicted" although he or she is still "found to be guilty" of the offense.  Being "found guilty" and being "adjudicated guilty/delinquent" are two separate things.

A judge can find you guilty of an offense and in doing so order you to serve probation and require you to complete certain requirements such as community service.  So long as the judge "withholds" adjudication you are not convicted of the offense.

Offenses that have adjudication "withheld" may be eligible for sealing.
Offenses that were dropped or dismissed or nolle prosequi (nol prossed) can be expunged.

An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged.

A15.  The law that regulates the qualifications for getting your record sealed or expunged is determined at the time that you petition the court.  This means that the offense you were arrested for 10 years ago that was eligible to be sealed or expunged at the time of your arrest may be prohibited from this relief next year due to a change in the law.

The legislature in Florida has continually limited who and what can be sealed or expunged by amending the current statute.  The expungement statute has been amended 7 times since 1992 and the sealing statute has been amended 6 times in the same period of time.  By waiting all you do is increase the risk that your criminal record will become ineligible to seal or expunge.

To submit questions regarding the sealing or expungement of a criminal history record press the "contact us" button at the top of the screen.