Judge’s gavel and brass scales of justice on a polished desk with a legal document titled ‘Withhold of Adjudication,’ overlaid with the text ‘Withhold of Adjudication in Florida: Benefits and Limits.
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⚖️ Withhold of Adjudication in Florida: Benefits and Limits

Last updated September 2025

If you’ve been charged with a crime in Florida, one possible outcome is a withhold of adjudication. This unique option allows a judge to place you on probation without formally convicting you. While this can be a major advantage, it also comes with limits you should understand.

📜 What Does Withhold of Adjudication Mean?

Under Florida law, when a judge withholds adjudication, they do not enter a formal conviction against you. Instead, you are placed on probation and required to complete certain conditions (community service, fines, classes, etc.).

If you successfully complete probation, you avoid a criminal conviction on your record.

✅ Benefits of Withhold of Adjudication

  • No Conviction: You are not considered “convicted” of the offense.

  • Voting & Civil Rights: You do not lose rights such as voting or serving on a jury (unless it is for certain felonies).

  • Employment Advantages: Many employers only ask about convictions, so a withhold can protect job opportunities.

  • Eligibility for Sealing: Some cases may later be eligible for record sealing if adjudication was withheld.

⚠️ Limits of Withhold of Adjudication

A withhold is not a free pass. There are important limits, including:

  • Firearm Rights: You may still lose your right to own or possess firearms for certain felony charges.

  • Habitualization: Withholds still count for purposes of being classified as a habitual offender.

  • Immigration Consequences: Immigration authorities may still treat a withhold as a conviction.

  • Repeat Use: You generally cannot receive multiple withholds for the same type of offense.

See Florida Statute §948.01 for more details on probation and withholds.

📣 Facing Criminal Charges in Florida?

A withhold of adjudication may be the best option to protect your future — but it isn’t available in every case. An experienced defense attorney can negotiate for it and explain how it applies to your situation.

👉 Schedule a Free Consultation

👉 Learn more about Sealing & Expungement options.

❓ FAQs

❓ What is a withhold of adjudication in Florida?

It means the judge does not formally convict you, instead placing you on probation.

🙋 What are the benefits of a withhold of adjudication?

You avoid a conviction, keep many civil rights, and may later be eligible to seal your record.

⚖️ Are there limits to a withhold of adjudication?

Yes. It may still affect firearms rights, immigration status, and repeat offender status.

🛡️ Can a withhold of adjudication be used for any crime?

No. Withholds are typically limited to certain non-violent offenses and first-time offenders.

🕒 Can a case with a withhold of adjudication be sealed?

Yes — if you meet the eligibility criteria, you may petition to have your record sealed.