Withhold of Adjudication

Ask any Florida criminal lawyer which two words matter most at sentencing and you'll hear the same answer: “adjudication withheld.” A withhold means the judge accepts your plea or verdict, imposes the sentence — probation, fines, classes — but does not convict you. For most purposes under Florida law, you have no conviction: you can honestly answer “no” to have-you-been-convicted questions on most applications, you keep your civil rights, and — critically — you may later be eligible to seal the record entirely.

The difference between a withhold and an adjudication, on identical facts and identical sentences, can be the difference between a career and a background-check rejection. It is negotiated, argued, and sometimes fought for — which is why you should never enter any plea without knowing exactly where you stand. Call or text 407-846-8008.

​

What a Withhold Does — and Doesn't Do

It does: avoid a “conviction” under most of Florida law; avoid the lifetime loss of civil rights that a felony adjudication brings; preserve sealing eligibility (for non-disqualified offenses, after supervision ends); and keep “convicted felon” off your identity.

It doesn't: erase the arrest or the case (both remain public until sealed); stop prior-offense enhancement — withholds count as priors under many statutes (a withheld battery still makes the next battery a felony, a withheld sex-offense still triggers the new mandatory minimums); or escape employers who ask the broader “have you ever pled guilty or no contest” question. And firearms deserve their own warning: on a felony withhold, Florida's purchase background check treats you as disqualified until three years after you complete all sentence conditions, and federal law treats many withholds as convictions for immigration and firearms purposes. A withhold is powerful, not magic.

​

Who Can Get One: The § 775.08435 Limits

Florida law restricts withholds by felony level:

• Capital, life, and first-degree felonies: never.

• Second-degree felonies: only with the prosecutor's written request or specific written court findings — and never with a prior felony withhold from a separate case (withholds arising from the same episode as the current charge don't count against you).

• Third-degree felonies: generally available — but domestic-violence third-degrees need the same special findings, one prior felony withhold (again, from a separate case) triggers the findings requirement, and two prior felony withholds bar a third. Ever.

• DUI: never. A separate statute flatly forbids withholding adjudication on any DUI — one of many reasons reducing a DUI to reckless driving matters so much.

• Misdemeanors: broadly available, at the court's discretion.

That “two withholds and done” rule carries a strategic lesson: withholds are a finite resource. Spending one carelessly on a case that could have been beaten, diverted, or reduced costs you the one you may desperately need later.

​

How We Use Withholds Strategically

In negotiation, the withhold is often worth more than counts dropped or probation shortened — and we price it that way. At sentencing, the statutory findings that permit one get built and argued, not hoped for. And after the case, the withhold is step one of two: sealing completes the job by removing the public record. If you took a plea years ago and don't know whether you were adjudicated — many people genuinely don't — we pull the judgment and tell you what you're holding.

​

Frequently Asked Questions

I got a withhold. Can I say I've never been convicted?

For most Florida purposes, yes — but read each question's exact wording, and know the exceptions (immigration, federal forms, some licensure). We walk clients through the honest answers.

Does my old withhold show up on background checks?

Yes — the case and plea are public record until sealed. The withhold changes what the record means, sealing changes whether it's seen. Do both.

Can I buy a gun with a felony withhold?

Not right away: Florida's background-check system denies purchases on a felony withhold until three years after sentence conditions are completed, and federal law and form questions add traps of their own. Get specific advice before any purchase or any form.

My plea deal says “adjudicated.” Is it too late?

Usually, after sentencing, yes — which is why this conversation has to happen before the plea, not after. If something went wrong in the process, post-conviction review may exist; bring us the paperwork.

​

Know What You're Pleading To — Before You Plead

Call or text 407-846-8008 for a free consultation with former prosecutor Chad Seibel. Office visits are by appointment only.