Last updated February 2026
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.
For a full overview of Florida record-clearing options, see out Sealing & Expungement in Florida Guide
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
A withhold can still involve a plea or a finding of guilt — it simply means the court did not formally adjudicate you guilty.
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.
✅ 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 the offense is on Florida’s statutory disqualifying list, which includes includes many violent offenses and other statutorily disqualified charges. Because eligibility is statute-driven, the specific charge and statute number matter.
Similarly, you are ineligible to seal an offense if you were adjudicated guilty (even with withholds on other counts).
🧠 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
In many felony cases that end in a withhold of adjudication, firearm rights are not automatically lost because there is no adjudication of guilt. And because sealing is typically pursued after all court-ordered conditions are completed, probation restrictions should no longer apply at the time of filing. If firearm possession is a concern, the safest approach is to confirm the final disposition and that all conditions are fully closed out before moving forward.
📋 How to Seal a Felony Charge in Florida
Confirm eligibility + obtain FDLE Certificate (if required)
File petition in the correct court with the proper packet
After the order, ensure agencies comply / databases update
👨⚖️ 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.
🔍 Florida Felony Sealing FAQs (Withheld Adjudication)
❓ Can I seal a felony if I wasn’t convicted?
Yes — if adjudication was withheld and the offense is not statutorily disqualified, you may petition to seal the record, provided you meet all eligibility requirements.
❓ Is sealing the same as expungement?
No. Expungement destroys the record held by most agencies. Sealing makes the record confidential and removes it from public view. Expungement is only available in limited situations, while sealing is often the available remedy after a withhold.
❓ Does sealing a felony with a withhold affect my gun rights?
In many felony cases that end in a withhold of adjudication, firearm rights are not automatically lost because there was no adjudication of guilt. Sealing addresses public access to the record, not rights restoration. Firearm eligibility depends on the final disposition and completion of all court-ordered conditions.
❓ Will employers see a sealed felony?
Most private employers and landlords will not see a sealed record on standard background checks. However, certain government agencies and law enforcement entities may still have access in limited circumstances.
❓ How long does it take to seal a felony charge?
Most sealing cases take approximately 6–12 months from beginning the FDLE Certificate of Eligibility process through entry of a court order, depending on processing times and court scheduling.