ERIC J DIRGA, PA

Erase Your Record*

Seal or Expunge

The Do-It-Yourself Florida Record Expungement Book

I have been sealing and expunging Florida criminal records for over twenty years. I have always tried to provide a good service at a reasonable price. I know that what I do is not rocket science (seal or expunge). I also know that, for me, sealing or expunging a record has become very easy because of repetition. I have sealed or expunged so many records that the process has been burned into my memory.

The Do-It-Yourself Person; No Lawyer Required

One of the things that concerned me was all the confusing information on the web that led so many do-it-yourself people into trouble. A simple search reveals information from the Florida Department of Law Enforcement [FDLE], many Clerk of Court websites, and even some State Attorney websites that purport to provide information to help you seal or expunge your record.

Non-Lawyer Websites Are Helpful But Can Be Confusing

Some of these sites provide good information. For example, some Clerk of Court websites actually provide “approved” forms – saving people the headache of having to create them with a word processor. Some just provide links to FDLE’s website.

Misleading Limited Information

The concern is that by providing some information, a person trying to seal or expunge their own record may think that they can talk to someone from the Clerk’s Office and obtain more useful information and answers to their questions. This is a big problem and a big mistake. First, personnel working for the Clerk of Court cannot give legal advice. Only licensed attorneys can give legal advice. Despite this, people receive legal advice from these entities and, in my experience, it has always been bad.

My Example of Misadvice

I was recently told that I could not seal an arrest by the clerk who answered the phone when I called. I did not even ask the clerk a direct question but was freely told it couldn’t be done. He was absolutely wrong. It didn’t bother me because I knew the law and that was not the reason for my call. However, I thought about the person who calls that is trying to seal or expunge their own record. Someone in that position could hear this and simply give up.

There Should Be A Book To Help People

erase your record - book title

In 2018 I wrote a book to specifically help people who were trying to expunge or seal their own Florida record. It was inspired by the fact that I knew a lot of people were doing this and I was often hired to help them finish the project. Now, people in this situation (and those just beginning) can simply buy this book and follow the step-by step guide to completion.


Seal or Expunge Single Misdemeanor Arrest

It is written from the perspective of a person with a single misdemeanor arrest. It can be helpful for people with multiple arrests or a felony arrest however I encourage those people to first consult with a lawyer first.

Cheap, Helpful, and Bailout Information

The book is relatively cheap, is filled with helpful information, and – if the going gets too tough – it has useful “bailout” information to help you decide if it is time to talk to a lawyer. This is not rocket science and no one should be fooled into paying too much for this service – especially when, with a little effort and determination, you can probably do this yourself.

Eric J. Dirga, P.A.

Attorney Eric J. Dirga has been sealing and expunging criminal arrest records since the late ’90s. He has provided this service to hundreds of people and continues to help people clear their record. He is available as a speaker and will talk to anyone who will listen about the importance of putting a youthful mistake in the past for a better tomorrow.


For More Information Emailed to You

You can submit your information below and we will email you information about our record expungement and sealing services and representation. You can also go to our ⚖ Florida Expungement webpage for more details.

You will not be placed on a mailing list and we share your information with NO ONE. For more information, see our privacy policy.


*”Erase Your Record” is the property of Dirga Products, LLC.

What To Do When Involved in a Car Accident

  • Traffic Accidents happen everyday.
  • The Registered Owner of the vehicle is responsible.
  • You Must Notify the damaged property’s owner.
  • Accident Tickets can be challenged.

Did I just got in a Traffic Accident?

If a traffic accident occurs and there has been a death or serious bodily injury you have to remain at the scene, render aid, and call the police and emergency response personnel (911). If you don’t bad things will happen.

Let’s say you are in the typical accident, there is damage to property, and it is too early to tell if anyone is injured because you are all walking around filled with adrenaline. If neither car is operable you will be staying around.

I damaged someone’s property!

So you have damaged someone’s property in a traffic accident, in this case their car but it could be a mailbox or some other property. The law (section 316.061, Fla. Stat.) requires that you stop and remain at the scene. If the vehicles are obstructing traffic you have to do you best to SAFELY move the vehicles out of the path of traffic (section 316.071, Fla. Stat.). If you alone cannot move the vehicle then you must try and solicit help from others. Only do this if it is safe. I would suggest taking pictures first but don’t wait too long – those people you are blocking want to get to where they are going now and you are inconveniencing them.

Vehicles are moved – Can I go now?

After the traffic accident you have moved the vehicles and traffic is moving smoothly. What do you have to do now? According to the law (section 316.062, Fla. Stat. if your checking) you have to exchange information with the other driver or property owner (in case you ran over his mailbox). The information consists of the following:

  • Your legal name, not one made-up. (Section 316.067, Fla. Stat. makes it a crime to deliberately lie to the police in this situation.)
  • Your correct address.
  • The registration number of the vehicle you were driving.
  • And, if requested, present your driver’s license or permit to drive.

That is all to the other person(s) involved in the crash. When law enforcement arrives you will also have to give all that information to the police (and they will request your driver’s license). Additionally, the police will require that you share your insurance information (section 316.070, Fla. Stat.) with the other parties and with him.

Hey, no police arrived? What now?

If you have shared all the above information with the other people involved in the traffic accident you should be okay to leave unless there has been a death or injury or the property damage is $500 or more (section 316.065, Fla. Stat.). If there was a death, injury, $500 or more in property damage, or you cannot share the information with those others involved in the accident (for whatever reason) then you must immediately go to the nearest police agency and report the crash (or call using your cell phone).

I don’t want to talk to the police ’cause they may arrest me for a traffic accident!

Well, that may seem like a valid reason to stay quiet however, during a traffic accident investigation, you are required to cooperate fully with law enforcement and report the traffic accident. They have a lot to put in their report (section 316.066, Fla. Stat.). Nothing said during that accident investigation can be used against you in a criminal case (or traffic hearing for that matter).

If, however, the police say something like “I’m concluding my accident investigation and now I am starting my criminal investigation…” and then they read you your rights – that’s the signal to be quiet. You probably won’t but that is the time to invoke your right to remain silent. I suggest saying “Okay, I will invoke my right to remain silent and want an attorney present on my behalf during any further questioning of me.”

Hey, I damaged some property but no one is around to give my information to!

You hit a parked car and no one is around to exchange information with. Can you just leave? No, they have thought of that possibility too (section 316.063, Fla. Stat.). In a case where the property is unattended you have to  do the following to report the traffic accident:

  • Immediately stop – suppress that urge to drive away!
  • Try to locate the owner of the property (and if located exchange the information noted above).
  • If not located, securely and conspicuously place on the damaged property the information required above.
  • Finally, you have to call the police and report the accident. If you don’t they will hunt you down and arrest you for leaving.

Hey, I was knocked out and taken to the hospital. I can’t report this or exchange information!

Yes, they have thought of that too. And you are right – you do not have to report the traffic accident or exchange information in that scenario. Odds are the police will find you and get the information at that time. If there were other people in your car during the accident that are not injured they will be required to exchange the information and cooperate with the accident investigation.

If there were no others in the car, the police did not find you, then within 10-days of the accident the owner of the vehicle (that could be you) has to report the accident. If you are the owner and due to the accident still cannot report the accident within 10-days you will have to report it at your earliest ability.

Today, that rarely happens. The police will find you at the hospital and take care of that requirement.


Please note the date this article was published. The information listed above is subject to change as changes are made to the laws. The information written above is meant only to be for Informational Purposes Only and is not legal advice.

If any corrections or errors are found please notify me as soon as possible.

has been a member of the Florida Bar since 1995. His office is Eric J. Dirga, PA, located online in Orlando, FL. He provides legal representation for traffic issues throughout the state of Florida.

The Application to Expunge and the Prosecutor

certificate of eligibility application

This will be the first in a series of blogs to address the key player’s roles in the Florida expungement process. This post will address the role of the reviewing prosecutor when he/she receives a Florida Department of Law Enforcement [FDLE] application to expunge (the application is to seal or expunge but is not required to be signed by a reviewing prosecutor if the applicant is only seeking to seal their record). In order to obtain a Certificate of Eligibility to expunge a record, the State Attorney or Statewide Prosecutor must sign off on the application.

Application to Expunge Florida Record

In order for an applicant (a defendant seeking to have his or her record expunged) to obtain a Certificate of Eligibility to Expunge from FDLE the application must be signed by the State Attorney’s Office. The signature is not required if the applicant is seeking to seal his or her record.

Florida Administrative Code 11C-7.006

Florida Administrative Code 11C-7.006 simply indicates that “[t]he appropriate state attorney or statewide prosecutor should complete section B of the Application for Certification of Eligibility and have it certified.” This is typically delegated to a reviewing prosecutor within the office.

The Application to Seal or Expunge a Record

The application instructs the reviewing prosecutor to sign indicating that the applicant is eligible to have his record expunged under the following circumstances:

  1. An indictment, information, or other charging document was not filed or issued in the case; OR
  2. An indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prosequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction; OR
  3. (a) None of the charges (acts) related to the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains resulted in an adjudication of guilt or of delinquency; AND
    (b) The record of the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains has been sealed for at least 10 years; AND
    (c) None of the charges (if any) for which adjudication of guilt or of delinquency was withheld relates to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s.796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071 chapter 839, s.847.0133, s. 847.0135. s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s.907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s.943.0435.

Signing Does Not Indicate the Position of the State Attorney

By indicating with signature that the applicant is eligible based on the above criteria, the application specifically states that the prosecutor’s signature “does not imply that the applicant has satisfied all other statutory eligibility criteria, or that this Office would not oppose a petition to expunge the above-referenced case.” In other words, the processing of the application is strictly administrative and does not reflect the position of the State Attorney’s Office.

Indicating Ineligibility Based on Statutory Requirements

The reviewing prosecutor can also sign the application indicating that the applicant is not eligible to have his or her record expunged due to the following criteria:

  • One or more of the charges (acts) related to the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains resulted in an adjudication of guilt or of delinquency;
  • OR, BECAUSE OF ONE OR MORE OF THE FOLLOWING REASONS:
    • The record of the arrest or alleged criminal activity to which the application for certificate of eligibility to expunge pertains has not been sealed for at least 10 years;
    • One or more of the charges for which an adjudication of guilt or of delinquency was withheld relate to a to a violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.800.04, s. 810.14 s. 817.034, s. 825.1025, s. 827-071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in s. 907.041, or any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435;
    • Records available to this Office disclose some other ground of statutory ineligibility (e.g., adjudication of guilt in a different case; previous expunction or sealing).

Signing the application indicating that the applicant is not eligible to expunge is based on statutory requirements. Regardless of how the prosecutor signs off, FDLE will again review the eligibility of the applicant when it receives the application.

Role of Reviewing Prosecutor

The role of the reviewing prosecutor is simple. Either sign the application indicating that the applicant is eligible or that the applicant is ineligible based on statutory criteria. It cannot be based on arbitrary reasons. The reviewing prosecutor should return the application to the applicant in a reasonable amount of time (applicant is responsible for providing a self-addressed stamped envelope).

Application for Certificate of Eligibility is Not Void if Ineligible to Expunge

If the reviewing prosecutor indicates that the applicant is not eligible to have his or her record expunged and the applicant is otherwise qualified to have the record sealed – the application itself is still good. The applicant can send it along with the supporting documentation to FDLE in order to obtain a Certificate of Eligibility to Seal the record.


For More Information Emailed to You

You can submit your information below and we will email you information about our record expungement and sealing services and representation. You can also go to our ⚖ Florida Expungement webpage for more details.

You will not be placed on a mailing list and we share your information with NO ONE. For more information, see our privacy policy.


Please note the date this article was published. The information listed above is subject to change as changes are made to the laws. The information written above is meant only to be for Informational Purposes Only and is not legal advice.

If any corrections or errors are found please notify me as soon as possible.

has been a member of the Florida Bar since 1995. His office is Eric J. Dirga, PA, located online in Orlando, FL. He provides representation for sealing and expunging criminal records throughout the state of Florida.

How to Get Your Free Florida Record Expungement

fre florida record expungement

You have a record for an arrest from a few years back. It keeps popping up on your background checks and it is preventing you from getting the job you want or the apartment you like. You want it expunged.

You have heard of expunging the record but everywhere you check the attorney fees are too high. You want to resolve this yourself for free if possible?

Unfortunately, even if you do this yourself, there are some costs that, if everything goes smoothly, will run you upwards of $250.


Not So Free Record Expungement

If you qualify to have your record expunged there are several things you have to pay for, even if you do this yourself. These are:

  • $?? to get your fingerprints taken from a law enforcement agency.
  • $10 each for two notary stamps on the application and the affidavit.
  • $?? to get certified copies of the disposition from the Clerk of Court.
  • $75 FDLE fee when you submit the application.

Once you receive your Certificate of Eligibility you then have to petition the court. This is where it may get complicated. You need a step-by-step guide for this because you won’t get your questions answered for free by a lawyer or correctly by anyone else.

No worries. I wrote a book that will take you step by step through the process of expunging or sealing your record in Florida. For the $24, it is worth the price if you are seriously considering doing this yourself.

Step-by-Step Guide to Expunging Your Florida Record


The Mandatory Court Fees

All courts will require either a filing fee (paid when the petition is filed) or court costs (after the petition has been granted). There is at least one county that has a filing fee and court costs.

Filing fees vary from county to county and usually are around $70. Court costs also vary and are also around $70. Even if you get your petition granted, nothing will happen until these fees are paid.

Other Required Expenses

There are also undefined expenses. This is not to discourage you from doing this on your own but you will need access to a computer, printer, scanner, copier, and a word processor.

On top of those items, you will need to take the time to:

  • write your petition, affidavits, etc.
  • learn how to eFile your petition and supporting documents to the court.

Along with the other costs (noted above) you may also have to prepare for a hearing. There is stress involved with appearing before the court and, if your petition is denied, an appeal can cost thousands of dollars.

Grand Total

If you have all the necessary equipment and you are a quick learner on eFiling, then your grand total (excluding your time) for your free Florida record expungement can be as low as $200 (+/-$50).

The problem most people run into when trying to do this on their own is when they have a question. The Clerk of Court isn’t suppose to give you legal advice (but they do, often with disastrous results). The State Attorney won’t – they are the party you are going against. FDLE can’t either. Only an attorney can give you legal advice and they won’t advise you without getting paid because it subjects them to liability – and liability costs money.

For More Information Emailed to You

You can submit your information below and we will email you information about our record expungement and sealing services and representation. You can also go to our ⚖ Florida Expungement webpage for more details.

You will not be placed on a mailing list and we share your information with NO ONE. For more information, see our privacy policy.


Please note the date this article was published. The information listed above is subject to change as changes are made to the laws. The information written above is meant only to be for Informational Purposes Only and is not legal advice.

If any corrections or errors are found please notify me as soon as possible.

has been a member of the Florida Bar since 1995. His office is Eric J. Dirga, PA, located online in Orlando, FL. He provides representation for sealing and expunging criminal records throughout the state of Florida.