What Does Adjudication Withheld Mean In Florida?

David Weisselberger | March 31, 2024

e-filing portal logo
national trial lawyers top 40 under 40 logo
bbb logo
florida bar logo
aba logo
shopper approved logo
lawpay logo

In Florida, adjudication withheld is an essential legal concept in the criminal justice system. It signifies the court's decision to refrain from formally convicting an individual of a crime, despite a guilty verdict. This explanation elucidates the significance and implications of adjudication withheld in Florida's legal framework. 

Understanding this concept is essential for individuals involved in legal proceedings within the state. Adjudication withheld can impact various aspects of life, including employment and housing opportunities. Delve deeper to comprehend the adjudication withheld meaning and its enduring effects on individuals in Florida.

What Is A Withhold of Adjudication in Florida?

Adjudication Withheld Florida

A Withhold of Adjudication in Florida is a special way of sentencing. It means the judge orders probation without officially convicting the defendant, and this authority comes from Florida Statutes. 948.01 and Florida Statutes. 948.04. After completing the probation, the defendant is then released without facing more punishment for the original offense. It's important to understand that a withhold of adjudication doesn't count as a conviction.

As a result, the defendant is spared the negative repercussions associated with a criminal conviction. In essence, a withhold of adjudication acts as a pardon, allowing individuals to improve without a conviction on their record. Defendants can rehabilitate without enduring the social and professional fallout of a criminal conviction. Additionally, it's advantageous for the court as it conserves resources, including time and money, by avoiding adjudication of the offense.

Also read: What Is A Nolle Prosequi in Florida?

How Does a Withhold of Adjudication Work in Florida?

How Withhold of Adjudication Work Florida

In Florida, a withhold of adjudication allows individuals who have been found guilty of a crime to avoid a formal conviction. Instead of entering a judgment of conviction, the court may decide to withhold adjudication and impose probation or other conditions. 

This option gives individuals a chance to prove they can stay out of trouble and avoid the long-term consequences of a criminal conviction. However, not everyone qualifies for a withhold of adjudication. 

Factors like the type of offense and the person's criminal history play a role. Florida statutes, particularly Florida Statute s. 948.01 and Florida Statute s. 948.04, lay out the rules for how a withhold of adjudication is granted and what conditions may apply.

Looking for an expungement lawyer?

Erase The Case provides the best and fastest expungement services in Florida.

What Are the Benefits of a Withhold of Adjudication?

Benefits of a Withhold of Adjudication Florida

A withhold of adjudication in Florida offers several benefits for individuals facing criminal charges. 

  • Avoidance of Formal Conviction: One of the primary benefits of a withhold of adjudication in Florida is that it prevents a formal conviction from appearing on an individual's record. This means that while they may have been found guilty of a crime, they are not officially convicted.
  • Improved Job Prospects: With a withhold of adjudication, individuals can answer "no" to questions about criminal history on job applications. This can greatly help them find work because lots of employers do background checks and might be reluctant to hire people with criminal records.
  • Retention of Civil Rights: Unlike a conviction, a withhold of adjudication allows individuals to retain certain civil rights, such as the right to own a firearm and the right to vote. This can be crucial for maintaining full participation in society.
  • Less Immediate Impact: Withholding adjudication can also mitigate the immediate consequences of a criminal charge, such as negative effects on credit scores and difficulties in securing rental opportunities.
  • Probation Conclusion: Successful completion of probation under a withhold of adjudication typically concludes the case without further sentencing. This gives people an opportunity to learn from their errors and progress in life without facing the lasting stigma of a criminal conviction.

What Are The Limitations of a Withhold of Adjudication?

Limitation of a Withhold of Adjudication in Florida

The limitations of a withhold of adjudication in Florida are important to consider. Why so? It’s because it can affect the legal standing as well as the future opportunities of an individual. Here are some key limitations:

  • Background Check Disclosure: While a withhold of adjudication may not result in a formal conviction, it will still appear on a person's criminal record unless it is sealed. This means that certain background checks, such as those conducted by potential employers or landlords, may still reveal the withheld adjudication. Looking for a background check removal service? Read this article.
  • Statutory Restrictions: Certain crimes in Florida cannot be subject to a withhold of adjudication, including capital offenses, life felonies, and some first-degree felonies. Additionally, the eligibility for a withhold may be limited by the court, depending upon the nature of the offense and the criminal history of the defendant.
  • Sentencing Guidelines: Despite not being a conviction, withholds of adjudication may still be treated as convictions for sentencing guideline purposes in Florida. This means that they can affect the severity of penalties in future criminal proceedings.
  • Non-Recognition by Federal Agencies: While Florida law recognizes withholds of adjudication, some entities outside the state, particularly federal agencies, may still view them as convictions.

Also Read: What Are The Expenses To Hire An Expungement Lawyer in Florida?

How Long Does Adjudication Withheld Stay on Your Record?

How Long Does Adjudication Withheld Stay on Your Record

In Florida, adjudication withheld stays on the criminal record indefinitely unless it is sealed by court order. This means that unless specific legal steps are taken to seal the record, it persists in the criminal history.

Although not a conviction, adjudication withheld can affect several life aspects, like employment and housing background checks. Individuals should acknowledge its lasting presence on their record and explore sealing options to mitigate potential consequences.

Also Read: What Are The Requirements To Expunge A Record in Florida?


Adjudication withheld may still appear on a background check in Florida unless the record is sealed by court order.

Generally, adjudication withheld does not disqualify a person from owning a firearm in Florida. However, certain cases may include restrictions during probation. Violating these terms can lead to further consequences.

Adjudication and conviction are distinct legal terms. While adjudication implies a judicial decision on a case, a conviction involves a formal declaration of guilt. Adjudication withheld means there's no formal conviction, but the case is not dismissed.

5/5 - (1 vote)
best Florida expungement lawyers
David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
google reviews
  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logogoogle reviews stars
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
  • google logogoogle reviews stars
    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
  • google logogoogle reviews stars
    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
  • google logogoogle reviews stars
    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
  • google logogoogle reviews stars
    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
  • google logogoogle reviews stars
    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
  • google logogoogle reviews stars
    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
Click to see more reviews.
google reviews logoshopper approved logo
phone-handsetcrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram