Withhold of Adjudication in Florida: Is It a Conviction?

The hearing is over in a few minutes. You entered a plea of no contest, the judge said the words “adjudication withheld,” and your lawyer leaned over to tell you that you would not have a conviction. You walked out of the Duval County Courthouse feeling like you had dodged the worst of it.

Months later, a job application asks whether you have ever been convicted of a crime. A background check shows your case. Or, if you are not a U.S. citizen, an immigration officer asks about the same arrest. Suddenly, the answer that sounded so simple in court does not feel simple at all.

A withhold of adjudication can be a very good outcome, but it does not make a case disappear. This guide explains what it means, who can get one, how it affects your record, your gun rights, and your immigration status, and what to think about before you accept one.

What Is a Withhold of Adjudication?

A withhold of adjudication is a decision by a Florida judge not to formally find you guilty, even though you pleaded guilty or no contest or were found guilty at trial. Under Section 948.01, Florida Statutes, the judge can “withhold the adjudication of guilt” and place you on probation, or in a misdemeanor case, order a fine instead. The paperwork you receive is often titled Order Withholding Adjudication of Guilt.

In plain terms, the court is giving you a chance. If you complete what the judge orders, the case ends without a formal conviction under Florida law, although it stays in your criminal history.

Withhold of Adjudication vs. Conviction vs. Dismissal

People often mix up these three outcomes, but they lead to very different results. Here is how they compare:

The middle column is where most of the confusion comes from: a withhold protects you in many ways under Florida law, but not in every system.

Who Can Get a Withhold of Adjudication in Florida?

A withhold is never automatic. Judges decide case by case and have wide discretion in misdemeanor cases, where a withhold is common for people facing a first charge. In felony cases, Section 775.08435 puts firm limits on that discretion:

• Capital, life, and first-degree felonies: A withhold is not allowed.
• Second-degree felonies: Allowed only if the prosecutor asks in writing or the judge makes written findings that special circumstances justify it. It is not allowed if you already had a prior felony withhold.
• Third-degree felonies with one prior felony withhold, or involving domestic violence: Allowed only under the same two conditions.
• Two or more prior felony withholds: A new felony withhold is not allowed.

A separate law also rules out a withhold in every DUI case, as well as in DUI manslaughter and vehicular homicide cases.

What Happens After the Judge Withholds Adjudication

A withhold is not the end of the case. It usually starts a period of supervision, and what happens next depends on you:

• You complete probation: The case closes without a formal adjudication of guilt, and you may become eligible to seal the record.
• You violate probation: The judge can adjudicate you guilty and impose any sentence that was possible at the start, as explained in our guide to probation violations.
• You are charged again later: Under Section 921.0021, a withheld case still counts as a prior offense on the sentencing scoresheet, which can mean a harsher sentence.

Does a Withhold of Adjudication Show Up on a Background Check?

Yes. Until the record is sealed, the arrest, the charge, and the withhold appear in court and in FDLE records that employers and background check companies can find. The record will show that adjudication was withheld, not that you were convicted.

How you answer questions about it depends on the exact wording. If an application asks only whether you have been convicted, a withholding generally is not a conviction under Florida law. Many applications, however, also ask whether you have pleaded guilty or no contest or been arrested, and those questions do cover a withheld case, so read each question carefully before you answer.

Can a Withhold of Adjudication Be Sealed or Expunged?

Often, yes. A withhold is the outcome that usually opens the door to record sealing in Florida. To qualify, you generally must meet these conditions:

• No prior conviction: You have never been adjudicated guilty of a criminal offense in Florida.
• Supervision is over: You have finished probation and any other court-ordered conditions.
• First time: You have never sealed or expunged another record before.
• Eligible offense: The charge is not on Florida’s list of offenses that cannot be sealed, such as many violent, sexual, and domestic violence offenses.
• Certificate first: You apply to FDLE for a certificate of eligibility before asking the court.

Once a record is sealed, you can lawfully deny the arrest in most situations. There are exceptions, including jobs in law enforcement, admission to The Florida Bar, work with children, the elderly, or the disabled, and buying a firearm or applying for a concealed weapon license. After a record has been sealed for 10 years, it may become eligible for expungement, as explained on our expungement page.

Can You Own a Gun With a Withhold of Adjudication?

In 2016, the Florida Supreme Court decided in Clarke v. United States that a felony plea with adjudication withheld is not a conviction under Florida’s felon-in-possession law. That is one of the biggest practical benefits of a withhold, but there are limits:

• While on probation: Probation conditions commonly forbid having firearms, and breaking that condition can lead to a violation.
• Concealed weapon license: Under Section 790.06, a withhold on a felony, a domestic violence misdemeanor, or a misdemeanor crime of violence blocks a license until 3 years after probation ends, unless the record has been sealed or expunged, depending on the offense.
• Federal law: Federal firearm law generally looks to state law to decide what counts as a conviction, but some federal rules, including those for domestic violence cases, have their own requirements.

If you plan to buy, carry, or own a firearm after a withhold, have your specific case reviewed first. Our guns and weapons attorneys handle these questions regularly.

Withhold of Adjudication and Immigration

For someone who is not a U.S. citizen, this is the most important part of the picture. A result that protects you in Florida court can still create serious problems in immigration court, which is why noncitizens need criminal defense that accounts for immigration from the very start.

Why Immigration Law Treats a Withhold as a Conviction

Immigration cases follow a federal definition of conviction in Section 101(a)(48)(A) of the Immigration and Nationality Act. A conviction exists if you were found guilty, pleaded guilty or no contest, or admitted enough facts to show guilt, and the judge ordered any form of punishment or restraint. A Florida withhold with probation meets both parts, and the federal courts that cover Florida have agreed.

The Board of Immigration Appeals has gone even further. In Matter of Cabrera (2008), it held that court costs and fees count as punishment, so a withhold can be a conviction for immigration purposes even without probation. Whether that conviction leads to deportation or blocks a green card depends on the type of offense and your immigration status.

Why Sealing Does Not Fix the Immigration Problem

Sealing and expungement are Florida remedies, and they do not erase a conviction under federal immigration law. A sealed withhold can still be used to deny a green card, block citizenship, or support removal.

Immigration forms also ask about your full criminal history, often including sealed and expunged records. Leaving a sealed case off an immigration application can create a separate and serious problem, so these cases should be disclosed and explained with legal help.

Pretrial Diversion: Often a Safer Path for Noncitizens

Pretrial intervention, often called PTI or diversion, works differently. Under Section 948.08, eligible people, usually first-time offenders, can complete a program, and if they succeed, the charges are normally dismissed. Florida’s general PTI law does not require a guilty plea, which is why diversion is often much safer than a withhold for immigration purposes.

The details still matter. If a diversion agreement requires you to admit the facts of the case and a judge orders conditions, immigration authorities may treat it as a conviction, so review any paperwork with counsel before you sign. Our article on the hidden immigration consequences of a guilty plea explains more about how plea decisions affect status.

Withholds in Traffic Ticket Cases

Withholds are not only for criminal cases. Under Section 318.14, many drivers who get a civil traffic ticket, such as a speeding ticket, can choose to take a basic driver improvement course. When they do, adjudication is withheld, and no points are added to their license.

This option has limits. You can use it only once every 12 months and no more than eight times in your lifetime, so it is worth saving for tickets where points would really hurt.

Steps to Take Before You Accept a Plea With a Withhold

A withhold is often offered as part of a plea deal, and the decision is usually made quickly. Before you agree:

• Ask whether a withhold is possible: Find out if the law allows one for your charge and whether the prosecutor will agree.
• Ask about diversion first: If you are a first offender, pretrial intervention may lead to a full dismissal instead.
• Check whether the charge can be sealed later: Not every offense qualifies.
• Tell your lawyer if you are not a U.S. citizen: The plea should be checked for immigration consequences before you enter it.
• Understand your probation terms: Know every condition before you agree to them.
• Keep a copy of the order: You will need it for sealing, background checks, and any future application.

How Weldon Law Group Can Help

A withhold of adjudication can protect your future, or it can create problems you do not see until years later. The difference often comes down to what was negotiated, what was signed, and whether anyone looked at the case from every angle before the plea.

At Weldon Law Group, PLLC, our Jacksonville criminal defense attorneys handle cases throughout Northeast Florida, in English and Spanish. Attorney Ian Weldon spent more than a decade in the Jacksonville Public Defender’s Office, and our firm handles both criminal defense and immigration, so both sides of your case are reviewed together. Our services include:

• Plea negotiations: Seeking a withhold, a reduced charge, or diversion when the facts allow.
• Pretrial intervention: Helping eligible clients enter and complete diversion programs.
• Crimmigration review: Checking every plea offer for immigration consequences before you accept it.
• Probation violation defense: Protecting your withhold if you are accused of violating probation.
• Record sealing: Handling the FDLE certificate and court petition once you qualify.

Contact Weldon Law Group today to schedule a free consultation.

Frequently Asked Questions