A withhold of adjudication means the judge sentences you, usually to probation, but does not formally convict you. In Florida that generally lets you keep your civil rights, truthfully say you were not convicted on most private job applications and possibly seal the record. It is not available for every offense, including DUI, and it can still count as a conviction for immigration and some licensing purposes.
Key takeaways
- A withhold is not a formal conviction under most Florida law.
- It can make a record eligible for sealing.
- Withholds are not allowed for DUI.
- Judges cannot withhold on capital, life or first degree felonies.
- Immigration law may still treat a withhold as a conviction.
How does a withhold of adjudication work?
After a plea or a finding of guilt, a judge can choose to withhold adjudication and place you on probation or impose other conditions. If you complete the sentence, you are not adjudicated guilty. If you violate probation, the judge can adjudicate you guilty and sentence you up to the maximum for the original charge.
Who can get a withhold of adjudication?
Withholds are common for first-time misdemeanors and many third degree felonies. Under § 775.08435, Fla. Stat., judges cannot withhold adjudication for capital, life or first degree felonies, and can only withhold for second degree felonies in limited situations. Florida law also prohibits withholds for DUI. Prior withholds can limit eligibility for another one.
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What are the benefits of a withhold?
- You generally keep your right to vote and own firearms under Florida law.
- You can often answer "no" when private employers ask about convictions.
- The record may qualify for sealing under § 943.059, Fla. Stat..
- It avoids the stigma and some collateral consequences of a conviction.
When does a withhold still count?
A withhold is not a clean slate. Federal immigration law can treat a plea combined with any punishment as a conviction, so noncitizens must get advice before accepting one. Some government jobs, professional licenses and law enforcement applications require you to disclose withholds. Withholds can also be used to enhance future sentences.
Frequently asked questions
Is a withhold of adjudication a conviction in Florida?
Under most Florida law, no. You were not formally convicted. But it can count as a conviction for immigration and certain licensing purposes.
Can I seal my record after a withhold?
Often, yes, if you have no prior adjudications and the offense is eligible for sealing.
Can you get a withhold on a DUI in Florida?
No. Florida law prohibits withholding adjudication on DUI.
Do I have to disclose a withhold on a job application?
For most private employers, you can say you were not convicted. Government, licensing and some sensitive jobs may require disclosure.
Related practice areas
Practice areaFirst-Time Offenders Defense Attorney
Practice areaCriminal Defense Attorney
Practice areaDrug Crimes Defense Attorney
Keep reading
Records & Second ChancesHow To Seal or Expunge a Criminal Record in Florida
Records & Second ChancesA Guide to Pretrial Intervention in Broward County
Records & Second ChancesCan You Vote in Florida After a Felony Conviction?
Arrests & CourtWhat To Do If You Are Arrested in Fort Lauderdale
Florida law referenced: § 775.08435, § 943.059, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.