New Website Coming

The new website is up! https://ejdirga.com. I will be using that site and blogging from there only about record expungements. I will continue to use this site to post about Florida Traffic Laws and Issues.

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The Handcuff Key, another obscure "Tag! Your Guilty" crime.

There is a Florida Statute that penalizes you for simply possessing a handcuff key. It is found in section 843.021, Florida Statutes, and is titled, "Unlawful possession of a concealed handcuff key." I'm writing this post because this is the kind of "slow creep" law that the government produces without anyone noticing. Yet year over year they add up making more and more unwitting individuals criminals. This law prohibits the following behavior: Any person who possesses a concealed handcuff key commits a felony of the third degree, punishable by a $5,000 fine and/or 5 years in prison. Notice that the "title" and the "prohibited behavior" of the law says that there an unlawful way to possess a handcuff key when you conceal it. At least that is what I take from it. Luckily, the creators of this crime have included some definitions that cannot be overlooked (but usually are - mainly by law enforcement). The first definition is the “In custo...
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A New Proposed Expungement Law In Florida

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What Happens If SB488 and SB1612 Becomes Law Eric Dirga is an attorney in Orlando practicing criminal record expungement and sealing law. You can contact him at 407-841-5555 or email him at ejdirga@ejdirga.com. A proposed amendment to Florida's Record Sealing and Record Expungement law may mean that you will be able to expunge multiple cases. If the proposed amendment becomes law the effective date will be October 15, 2015. Sounds good but there are some changes that are not so good: For judicial expungement and non-judicial sealings you will have to wait 1-year after your case is closed (supervision ended) before you can start. AND THE BIG ONE: From the end of your case you want judicially expunged or non-judicial sealed to the day you apply for relief you cannot have been charged or arrested for any other offense. The Big One The Big One means if you have an old case you want sealed or expunged that is eligible under the current law but will be ineligible und...
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Suspended as a Habitual Offender

Recently, Orange County released the dispositions of thousands of traffic ticket cases from late 2009 - 2011. The error for not reporting these citation dispositions is not important. The concern is that the Department of Highway Safety and Motor Vehicles, upon receipt, has done the due diligence and sent out suspension letters for those drivers that now meet the requirements for suspension. The good news is that there may be a way to undo the suspension. Often times past citations, especially those that cause a suspension, can be modified to avoid the suspension. Even if the suspension has already begun relief can be had by motion. When a suspension is being issued by the Department it will send out a letter notifying the driver of the impending suspension of driving privileges. It is best to seek an attorney to try and avoid the suspension as soon as the letter is received. However, there is no time frame for which this can be done. The probability of obtaining relief often depend...
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