Last updated February 2026
A withhold of adjudication can prevent you from being formally “convicted” of a crime in Florida — but it does not automatically clear your record.
So the real question becomes:
Can you expunge a charge if you received a withhold of adjudication?
👉 For a complete overview of Florida’s sealing and expungement framework, start here:
Sealing & Expungement in Florida
⚖️ What Is a Withhold of Adjudication?
A withhold of adjudication means the court does not formally adjudicate you guilty, even though you may have entered a plea or been found guilty.
Withholds are commonly used for:
First-time offenders
Certain misdemeanors
Some lower-level felonies
Negotiated plea resolutions
A withhold can help you avoid:
A formal conviction
Certain civil-rights consequences
Some employment or licensing barriers
However, the arrest and charge still appear on your criminal history unless additional action is taken.
🔍 Can You Expunge a Withhold of Adjudication?
In most cases, no.
Florida law only allows expungement when charges were:
Dismissed
Dropped
Nolle prossed
No-actioned
Or resulted in a not guilty verdict
If adjudication was withheld, expungement is generally not available.
🔐 The Alternative: Sealing the Record
Although expungement is typically unavailable after a withhold, sealing may be an option.
If you received a withhold of adjudication and meet statutory requirements:
You may petition to seal the record
The record becomes confidential
It will not appear on most public background checks
You may legally deny the arrest in most circumstances
For a broader comparison of sealing versus expungement, see:
🛑 When You Cannot Seal a Withhold
Even with a withhold of adjudication, sealing is not always permitted.
You may be ineligible if:
The offense is on Florida’s statutory disqualifying list
You have any prior criminal conviction
You have previously sealed or expunged another Florida record (with limited exceptions)
You have pending charges anywhere
Eligibility is statute-driven and fact-specific. A withhold does not automatically mean the record is sealable.
⚖️ Why This Issue Is Often Confused
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.
💬 Frequently Asked Questions
Can I expunge a withhold of adjudication in Florida?
Generally, no. Expungement is typically only available when charges were dismissed, dropped, or resulted in a not guilty verdict. A withhold of adjudication usually makes the case sealable, not expungeable.
Is sealing as good as expungement?
Expungement destroys the record held by most agencies. Sealing makes it confidential. While expungement offers stronger privacy protection, sealing still removes the record from most public background checks.
Can I seal a charge if I received a withhold and completed probation?
Often yes — if the offense is not statutorily disqualified and you meet all eligibility requirements.
What if I already sealed or expunged another case?
Florida generally allows only one sealing or expungement in a lifetime, with narrow exceptions.
📣 Ready to Review Your Eligibility?
A withhold of adjudication can create opportunity — but only if you pursue the correct remedy.
If you’re unsure whether your case qualifies for sealing or expungement, we can review your record and determine the safest and strongest path forward.