What is a withhold of adjudication in Florida, and why does it matter?

"Adjudication withheld" is a phrase people see on a plea form or a court disposition and do not understand. It is a Florida-specific outcome, set by statute, and it can change what a person must disclose later and whether a record can be sealed. This page explains what the law says, where it is barred, and where it makes no difference at all. For the charges Mr. Mead defends, see the criminal defense practice areas.

How does a withhold come about, step by step?

1. A finding or plea of guilt. A withhold follows a guilty verdict or a guilty or no contest plea; it is not a dismissal.
2. Eligibility check. The statutes decide whether a withhold is possible at all for the charge and the person's record (table below).
3. The request. Usually the withhold is part of a plea agreement, or the defense asks the judge for it at sentencing; for some felonies the State Attorney must request it in writing, or the court must make written findings.
4. The judge's decision. The court may withhold if it appears the person is not likely to commit crimes again (s. 948.01(2)).
5. Probation or other conditions. The person completes the sentence imposed.
6. Afterward. If probation is completed, there is no adjudication of guilt on the record; if it is revoked, the court adjudicates guilt and can resentence.

What does withholding adjudication mean?

After a guilty verdict or a plea of guilty or no contest, section 948.01(2), Florida Statutes, lets the court, if it appears the person "is not likely again to engage in a criminal course of conduct," either "adjudge the defendant to be guilty or stay and withhold the adjudication of guilt." In either case the court withholds the sentence and places a felony defendant on probation. For a misdemeanor, the court may place the person on probation "regardless of whether adjudication is withheld."

So a withhold is not a dismissal and not an acquittal. The case ends with a finding or plea of guilt and a sentence of probation or other conditions, but without the formal adjudication of guilt. Probation on a felony generally runs no more than 2 years unless the court specifies otherwise (s. 948.04(1)), and at the end of the term the person "is not liable to sentence for the offense for which probation was allowed" (s. 948.04(2)).

When does Florida law bar a withhold?

The DUI rule is why a first-time DUI driver sometimes looks at a different charge altogether. The Palm Beach County State Attorney's first-time program, for example, ends in a plea to reckless driving with "adjudication will be withheld," as explained on our page about whether a Florida DUI can be reduced to reckless driving.

Why does a withhold matter for sealing a record?

Because the sealing statute turns on adjudication. The full list of conditions is in whether you are eligible to seal or expunge your record in Florida. Under section 943.059(1), a person may petition to seal a criminal history record only if, among other things, the person:

• has never, before applying for a certificate of eligibility, been adjudicated guilty in Florida of a criminal offense, or adjudicated delinquent for any felony or for certain listed misdemeanors;
• has not been adjudicated guilty of any of the acts in the arrest the petition covers;
• is no longer under court supervision for that case;
• has never had a prior sealing or expunction; and
• is not seeking to seal an offense that section 943.0584 makes ineligible.

A withhold, on its own, does not seal anything. The person must still apply to the Florida Department of Law Enforcement for a certificate of eligibility, which requires a certified copy of the disposition and a $75 processing fee unless waived, and is valid for 12 months (s. 943.059(2)). Our records sealing and expungement page explains how Mr. Mead handles those petitions. Some diversion programs end in a dismissal instead of any plea; they are covered on our page about pretrial diversion in Palm Beach and Broward.

Where does a withhold make no difference?

In several places the law counts a plea or finding of guilt the same way with or without a withhold. For a felony, the sentencing range still comes from the scoresheet described in how a felony sentence is calculated. Other examples:

• Fines: for the fine statute, "convicted" means a determination of guilt after trial or a guilty or no contest plea, "regardless of whether adjudication is withheld" (s. 775.083(1)). The maximum fines by degree are in our chart of Florida criminal penalties.
• Probation violations by certain offenders: section 948.06(8) defines "convicted" the same way for violent felony offenders of special concern.
• Other statutes: some Florida laws written for particular purposes define conviction to include a withhold. Whether one of them applies depends on the charge, which is a question to ask before entering any plea.

Can a withhold be lost later?

Yes, through a probation violation. If probation is revoked, "the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed" (s. 948.06(2)(b)). The statute does protect one path: taking part in an alternative sanctioning program for a technical violation does not "convert a withheld adjudication to an adjudication of guilt." What happens after a violation is alleged is covered on our probation violation page.

What changes the answer?

• The degree of the charge. First-degree and higher felonies cannot get a withhold, and second-degree felonies only with a written request or findings (s. 775.08435(1)).
• Prior withholds. One prior felony withhold from a separate transaction limits a new third-degree felony withhold; two or more bar it (s. 775.08435(1)(d)).
• Domestic violence. A third-degree felony that is a crime of domestic violence needs the State Attorney's written request or the court's written findings (s. 775.08435(1)(c)). Our domestic violence defense page covers those cases.
• Offenses that can never be sealed. For the list in section 943.0584, "conviction" includes a plea or finding of guilt "regardless of whether adjudication is withheld," so a withhold does not open sealing for those offenses.
• DUI. No withhold is ever allowed (s. 316.656(1)), which is why a DUI conviction cannot be sealed, as explained in can a DUI be sealed or expunged in Florida.
• Juvenile cases. The felony limits in section 775.08435 do not apply to cases under chapter 985 (s. 775.08435(2)); juvenile matters are discussed on our juvenile offenses page.

Which offenses stay off-limits for sealing even with a withhold?

Section 943.0584(2) lists more than thirty categories of offenses whose records can never be sealed or expunged by a court when there was a conviction, and for this list a withheld adjudication still counts as a conviction (s. 943.0584(1)). The list includes, among others, manslaughter and vehicular homicide, aggravated assault, aggravated battery and domestic battery by strangulation, stalking, burglary of a dwelling, robbery, child abuse and drug trafficking. Burglary charges are discussed on our burglary defense page. A violation of the Florida Communications Fraud Act is on the list too (s. 943.0584(2)(v)), and our fraud defense page covers fraud charges. So is any offense that is a predicate for sexual predator or sexual offender registration, whether or not that offense alone requires registration (s. 943.0584(2)(hh)), as our sex crimes page explains. A few more examples tied to the practice areas on this site:

• Any offense defined in chapter 794, the sexual battery chapter; our sexual assault and battery page covers those charges.
• Lewd or lascivious offenses committed on or in the presence of a person under 16 (s. 800.04); see our lewd and lascivious conduct page.
• Any offense defined in section 847.0135, the computer pornography and child exploitation statute, discussed on our internet crimes page.
• Procuring a person under 18 for prostitution under former section 796.03. Other prostitution-related charges are discussed on our prostitution defense page.
• Child abuse or aggravated child abuse (s. 827.03), covered on our child abuse and neglect page.

A worked example

For example, consider a hypothetical person with no record who pleads no contest to a third-degree felony that is not domestic violence and not on the section 943.0584 list. Because it is a third-degree felony and there are no prior withholds, the judge may withhold adjudication without any written request from the State, and places the person on probation. Two years later, after probation ends, the person applies to FDLE for a certificate of eligibility to seal, sending a certified copy of the disposition and the $75 fee, and then petitions the court. If the same person had violated probation and had it revoked, the court would have adjudicated guilt, and sealing under section 943.059 would no longer be available. If the charge had been one of the offenses on the 943.0584 list, the withhold would not have helped with sealing at all. This is a hypothetical example, not a prediction.

Common mistakes people make

• Thinking a withhold means the case was dismissed; it follows a plea or finding of guilt.
• Assuming a withhold seals the record automatically; a separate FDLE application and court petition are needed.
• Taking a plea with an adjudication on a minor case, without realizing it can block sealing for life.
• Violating probation, which can turn the withhold into an adjudication.
• Not checking the section 943.0584 list before relying on a withhold for sealing.

What to do this week

1. Find the exact charge and its degree on the charging document.
2. Gather any earlier court dispositions, especially prior withholds or adjudications.
3. Ask whether any offer on the table includes a withhold, and in writing.
4. Check whether the charge is on the section 943.0584 list.
5. Speak with a lawyer before entering any plea; options that end without a plea are in whether criminal charges can be dropped before trial.

Frequently asked questions

Is a withhold of adjudication a conviction in Florida?

It depends on the statute. The sealing statute treats an adjudication of guilt as the bar, so a withhold keeps sealing open for eligible offenses, but the fine statute and the ineligible-offense list count a withhold as a conviction (ss. 775.083(1), 943.0584(1)).

Do I have to disclose a withheld adjudication on a job application?

That depends on how the question is worded and whether the record has been sealed. A sealed record has its own disclosure rules under section 943.059, which a lawyer can go over for your situation.

Can a judge withhold adjudication on a misdemeanor?

Yes. For a misdemeanor the court may place the person on probation regardless of whether adjudication is withheld (s. 948.01(2)), and section 775.08435's felony limits do not apply.

Can a withhold be granted for DUI?

No. Section 316.656(1) bars any court from suspending, deferring or withholding adjudication of guilt on a DUI.

Is pretrial diversion better than a withhold?

Diversion under section 948.08 can end in a dismissal with no plea at all, which is different from a withhold. Eligibility and timing are covered on our diversion page.

How can Mr. Mead help?

Whether a plea offer includes a withhold, and whether the charge even allows one, can matter for years afterward. Mr. Mead reviews the charge, the person's record and the statutes that apply before any plea is entered, and gives an honest assessment of the options. No outcome can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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