Charged with a crime in Florida? You may not have to walk away with a conviction.
Florida law allows certain defendants to receive a withhold of adjudication — which means you’re not formally convicted, even if you plead guilty or no contest.
That can make all the difference when it comes to your criminal record, employment, housing, and future opportunities.
Let’s break down when a withhold is possible, why it matters, and how we help clients across Fort Lauderdale and South Florida use it to protect their future.
🧠 What Is a Withhold of Adjudication?
A withhold of adjudication means the court accepts your plea or finds you guilty but chooses not to formally convict you under Florida Statute § 948.01.
✅ You avoid a conviction
✅ You may still be sentenced (e.g., probation, fines, classes)
✅ You may still be eligible to seal your record
🛑 But — it’s not automatic. And not everyone qualifies.
✅ When Is a Withhold an Option?
Florida judges have discretion to grant a withhold in many misdemeanor and non-violent felony cases — especially for first-time offenders.
You may be eligible if:
You’ve never been adjudicated guilty before
Your charge is not a forcible felony, drug trafficking, DUI, or a few other excluded offenses
Your lawyer negotiates it as part of a plea deal
You complete a diversion program (e.g., MDP, PTI) that ends in a withhold
📌 Learn more about sealing and expunging criminal records in Florida →
🚫 When You Can’t Get a Withhold
There are strict limits under Florida law. You are generally not eligible for a withhold if:
You’re convicted of a capital, life, or first-degree felony
The offense involves domestic violence and the judge specifically adjudicates you
You’ve already received too many withholds in the past
You’re charged with DUI — where adjudication must be imposed by statute
📌 Here’s how we handle Florida DUI cases — where withholds aren’t allowed →
🔒 Why It Matters: Record Sealing & Background Checks
A withhold doesn’t erase your case — but it keeps it off your record as a conviction. That means:
You may be able to legally say “I wasn’t convicted”
You may be eligible to seal the record after completion of sentence
Employers, landlords, and licensing boards may view it more favorably
🎯 See how we help clients seal their record after a withhold →
📍 Fort Lauderdale Criminal Defense Attorney
At Michael White, P.A., we help clients throughout Fort Lauderdale, Broward County, and South Florida negotiate withholds of adjudication to protect their future.
We evaluate eligibility, fight for it in plea negotiations, and guide you through sealing the record once eligible. You don’t have to walk away with a conviction — and we make sure you don’t.
📞 Call now for a free consultation
🎯 Let’s fight for a second chance — without a conviction.
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🙋♂️ Frequently Asked Questions
❓ What is a withhold of adjudication in Florida?
It’s when the court accepts your plea but does not formally convict you, keeping the charge off your permanent criminal record.
❓ Can I seal my record if I receive a withhold?
Yes — in many cases. You must meet eligibility rules and complete your sentence or probation first.
❓ What charges are not eligible for a withhold?
DUI, capital felonies, life felonies, and certain domestic violence charges generally cannot receive a withhold.
❓ Does a withhold mean I was convicted?
No. A withhold avoids formal conviction under Florida law. That distinction matters for job applications, licensing, and future legal consequences.
❓ How can a lawyer help me get a withhold?
We negotiate with prosecutors, push for diversion or alternatives, and structure plea deals to protect your record — including pursuing a withhold whenever possible.