You may think a withhold of adjudication clears your felony record—but in Florida, that’s only part of the story. To truly protect your future, you may want to seal the record so it no longer appears in public databases or background checks.
Here’s what Florida law allows—and how to seal a felony charge when adjudication was withheld.
⚖️ What Does “Withhold of Adjudication” Mean?
When a judge withholds adjudication in a felony case, you:
Avoid a formal conviction
May be eligible to avoid jail or complete probation
Can retain certain civil rights, like voting or professional licenses
But the charge still shows up on:
Criminal background checks
Court records
Law enforcement databases
🔍 A withhold is not the same as a clean record—you still have to seal it.
Here’s what Florida law allows—and how to seal a felony charge when adjudication was withheld.
✅ When Can You Seal a Felony Charge in Florida?
Under Florida Statute § 943.059, you may petition to seal a felony charge if:
Adjudication was withheld (not a conviction)
The charge is not on the disqualifying offense list
You’ve never sealed or expunged another record in Florida
You’ve completed all court-ordered conditions
❌ When You Can’t Seal a Felony Charge
You’re ineligible to seal if:
You were adjudicated guilty (even with a withhold on other counts)
The offense is on the disqualifying list, including:
Domestic violence
DUI
Sex crimes
Child abuse
Aggravated assault/battery
Stalking
You’ve sealed or expunged another case already
You still owe fines, court costs, or restitution
👉 Check full eligibility with the Florida Department of Law Enforcement
🧠 What’s the Benefit of Sealing the Record?
Once your felony is sealed:
It’s removed from public background checks
You can legally deny the charge in most job and housing applications
Most government agencies (excluding law enforcement) can’t access the record
It does not restore gun rights, and law enforcement can still see sealed records in future investigations.
📋 How to Seal a Felony Charge in Florida
Apply for a Certificate of Eligibility through FDLE
Gather certified documents from the clerk of court
File a petition to seal with the court that handled your case
Attend a hearing if required by the judge
Wait for an order granting the seal—and confirm all agencies comply
👨⚖️ Fort Lauderdale Felony Record Sealing Attorney
At Michael White, P.A., we help clients clean up their records and navigate Florida’s sealing and expungement process the right way. Whether you pled to a drug charge, theft, or another non-violent felony, we’ll evaluate your eligibility and handle every step of the process.
🔍 More Answers About Sealing a Felony Charge With Withhold of Adjudication in Florida
❓ Can I seal a felony if I wasn’t convicted?
Yes—if adjudication was withheld and the offense is eligible.
❓ Is sealing the same as expungement?
No. Expungement destroys the record. Sealing hides it from public view.
❓ Will my employer still see it?
Most private employers won’t. Law enforcement and some state agencies may still access sealed records.
❓ Can I own a gun if my record is sealed?
No. Sealing doesn’t restore your gun rights—only a pardon or clemency can do that.
❓ How long does the sealing process take?
Typically 5–8 months from start to finish, depending on FDLE and court backlog.