Last updated November 2025
⚖️ What Is Adjudication Withheld?
Also known as a withhold of adjudication, this legal outcome means the judge places you on probation without entering a formal conviction, even though you pled guilty, no contest, or were found guilty.
✅ Key benefits:
Avoids a formal conviction on your record
Preserves certain civil rights (voting and, in some cases, firearms)
May qualify for record sealing if statutorily eligible
Still, it appears on background checks unless sealed—so it’s critical to plan your next steps carefully.
👤 Who Qualifies for Adjudication Withheld in Florida?
Judges may grant a withhold when:
You’re a first-time offender
The offense is non-violent
You’re unlikely to reoffend
The charge isn’t a capital, life, or first-degree felony
📌 Note: You cannot receive a withhold of adjudication in federal court—this is a state-level option only.
📋 What Conditions Come with a Withhold?
A withhold almost always comes with probation. Typical conditions include:
Meeting with a probation officer
Steady employment & community service
Restitution and court costs
Drug testing or treatment
Avoiding new arrests
In plea deals, terms are negotiated; after trial, judges have wide discretion.
🚫 Does Adjudication Withheld Count as a Conviction?
No. Under § 948.01 and § 775.13, Fla. Stat., a withhold is not a conviction.
That means you may legally answer “no” if asked whether you’ve been convicted of a crime — but must still answer truthfully if asked whether you were arrested or pled guilty.
🧾 How Long Does Adjudication Withheld Stay on Your Record?
Indefinitely — until sealed or expunged.
A withhold remains visible to courts, law enforcement, and background-check vendors forever unless you qualify for record sealing.
Once you have any adjudication of guilt on your record (even for a misdemeanor), you become ineligible to seal or expunge any case in Florida.
⚠️ Example: A DUI conviction requires adjudication of guilt → permanent bar to sealing future records.
⚖️ What a Withhold Does — and Doesn’t — Do
✅ Prevents formal conviction and felony label
✅ May preserve civil rights
✅ Can enable record sealing if no prior adjudications
🚫 Stays on your record until sealed
🚫 Doesn’t make ineligible offenses sealable
🚫 Doesn’t apply in federal cases
👉 Learn more about Sealing and Expunging Records in Florida
🛡️ How a Lawyer Can Help
An experienced defense lawyer can:
Argue for a withhold at sentencing or in plea negotiations
Advise on civil rights and firearm implications
Petition for record sealing when eligible
Strategize charge reductions to protect your future
📲 Call Michael White, P.A. at (954) 270-0769 or request a free consultation.
❓ FAQs
Q1: Does adjudication withheld count as a conviction in Florida?
No — it is not a formal conviction, though it may appear on background checks until sealed.
Q2: How long does adjudication withheld stay on my record in Florida?
Forever unless sealed or expunged. A single adjudication of guilt makes you ineligible to seal any case.
Q3: Can I seal a record if I have a prior DUI conviction?
No. DUI convictions require adjudication of guilt, permanently barring record sealing for all cases.
Q4: What types of offenses are ineligible for sealing in Florida?
Crimes involving domestic violence, sex offenses, kidnapping, aggravated assault, murder, and similar serious charges.
Should I still seek a withhold if I can’t seal my record?
Yes. It avoids a conviction and can still protect employment and housing prospects.