A withhold of adjudication in Florida can keep you from being formally “convicted” of a crime—but it doesn’t mean your record is clean. So what happens when you want to expunge that charge?
Here’s what Florida law actually allows—and why sealing is often your best option.
⚖️ What Is a Withhold of Adjudication?
When a judge withholds adjudication, it means you’re found guilty, but not formally convicted of the crime. This option is often used for:
First-time offenders
Lesser felonies or misdemeanors
Pre-plea or plea agreement resolutions
It’s a big deal because it can help you:
Avoid jail
Avoid losing civil rights
Avoid some employer or licensing consequences
But the charge still shows up on your record unless further action is taken.
🔍 Can You Expunge a Withhold of Adjudication?
In most cases, no—you cannot expungea charge where adjudication was withheld.
But you may be able to seal the record instead.
🔑 Florida law only allows expungement if charges were dropped, dismissed, or you were acquitted.
If adjudication was withheld:
You may seal the record after completing probation or other sanctions
Once sealed, it becomes invisible to most background checks
You may legally deny the arrest in most circumstances
🔁 Expungement vs. Sealing: What’s the Difference?
| Feature | Expungement | Sealing |
|---|---|---|
| Available if charges… | Were dropped, dismissed, or acquitted | Resulted in a withhold of adjudication |
| Public record? | No—physicall
y destroyed | Sealed from public view |
| Must petition court? | Yes | Yes |
| Can legally deny? | Yes | Yes (with some exceptions) |
| FDLE review required? | Yes | Yes |
For a detailed overview of eligibility, visit the Florida Department of Law Enforcement’s official sealing and expungement page.
🛑 Exceptions: When You Can’t Seal a Withhold
You cannot seal a charge if:
The crime is on Florida’s disqualifying list (e.g., domestic violence, DUI, sex crimes, assault)
You’ve already sealed or expunged a record in Florida before
You were adjudicated guilty of another offense, even a traffic crime
📍 Always review Florida’s disqualifying offense list or consult an attorney before filing.
👨⚖️ Fort Lauderdale Record Sealing Lawyer
At Michael White, P.A., we help clients clean up their criminal record the right way—by determining eligibility, filing petitions, and guiding them through every step of the sealing or expungement process.
🔍 More Answers About Whether You Can Expunge a Withhold of Adjudication in Florida
❓ Can I expunge a withhold of adjudication?
No. Expungement is only available when charges are dropped or dismissed. But you may qualify to seal the record.
❓ Will a sealed record still show up on background checks?
Generally, no. Sealed records are removed from public access—but may still appear for certain employers (law enforcement, licensing boards).
❓ Is sealing as good as expungement?
For most practical purposes, yes. Both let you legally deny the charge in most circumstances.
❓ Can I seal a charge if I got a withhold and completed probation?
Yes, as long as the offense isn’t on the disqualifying list and you meet all eligibility criteria.
❓ What if I already sealed or expunged something else before?
You generally only get one sealing or expungement in your lifetime in Florida.