If you were recently charged with a crime in Florida, you might have heard the term adjudication withheld. It sounds complicated, but it’s actually a legal option that could help you avoid a criminal conviction. Still, it’s not a free pass, and it can come with some risks. So what does it really mean for you?
At Lindsay Chase Law Firm, we’ve spent over 10 years helping people understand their rights and protect their futures. One of the things we often explain is what adjudication withheld means, how it works, and why having a lawyer on your side can make a big difference.
In this guide, we’ll walk you through everything you need to know about withheld adjudication in Florida. You’ll learn what it means, how it affects your criminal record, whether you can seal or expunge it, and what the long-term impact could be. We’ll also explain how a Florida criminal defense attorney can help you handle your case the right way.
What Does Adjudication Withheld Mean?
When a Florida judge withholds adjudication, it means you are not officially convicted of the crime, even though you may have entered a guilty or no contest plea. In other words, the court finds you responsible, but chooses not to say you’re guilty in the eyes of the law.
You may still face penalties like probation, community service, or fines. But there is no formal conviction. This is often used for first-time offenders or people charged with low-level crimes like minor theft, DUI without injuries, or drug possession.
Why does this matter?
Because a conviction can follow you for life. Withheld adjudication gives you the chance to avoid that.
Important note: Not all judges will agree to withhold adjudication. It depends on your case, your criminal history, the facts involved, and how it is presented. This is why having an experienced criminal defense lawyer matters.
Does Adjudication Withheld Mean a Conviction in Florida?
Legally, no, it is not considered a conviction under Florida law. When a Florida court withholds adjudication, the charge does not count as a formal conviction. This means that although you may have entered a plea of guilty or no contest, the judge does not officially convict you.
Under Florida Statute §948.01, judges have the authority to withhold adjudication for certain types of criminal charges. This option is most often used in cases involving first-time offenders who are placed on probation. The idea is to offer individuals a second chance without saddling them with a permanent criminal conviction—so long as they meet the conditions of their probation.
It’s important to note that this rule applies only to the state court in Florida.
In federal court, adjudication is never withheld. When a federal judge imposes a sentence, a conviction is always entered, regardless of whether the defendant is a first-time offender or receives a lighter sentence.
But be careful. Withheld adjudication does not mean your record is clean.
The charge still shows up on your criminal history.
Employers, landlords, and others may still see that you were charged.
You may still need to disclose the charge when asked if you’ve been arrested.
There’s also another issue to consider. While Florida law may not treat it as a conviction, other agencies might. Federal government agencies, including immigration and licensing boards, may still consider it a conviction depending on their own rules.
How Does It Impact Your Criminal Record?
Even though adjudication is withheld, the arrest and charge will still appear on your record. That can cause problems, especially when you’re applying for:
Jobs
Professional licenses
Housing
Loans
College or financial aid
It may also affect your ability to own or carry a firearm, depending on the charge.
Also, if you’re ever arrested again, the court will see your withheld adjudication. You may not get the same break a second time. A withheld adjudication can still count as a prior offense in future cases and may lead to harsher penalties.
For immigration purposes, withheld adjudication is treated as if you were convicted.
If you are not a U.S. citizen, this could cause serious consequences like deportation or denial of legal status. If immigration is a concern, speak with a lawyer who understands both criminal and immigration law before accepting any plea deal.
Can You Seal and Expunge If Adjudication Is Withheld?
Yes, but only in some cases.
If adjudication is withheld, you may be able to seal your record. That means most employers and the public will not be able to see it. Later on, you might even be able to expunge it, which is the process of completely erasing it from your record.
However, there are strict rules.
You cannot seal or expunge a charge if:
You were formally convicted (adjudication not withheld)
The charge was on the list of disqualifying offenses
You already sealed or expunged another offense in Florida
Some disqualifying offenses include:
To know if you qualify, a criminal defense lawyer can review your record and explain your options. Florida’s expungement laws are tricky, and making a mistake can delay or even block your chance at clearing your record.
Adjudication Withheld: Benefits, Limitations, and Consequences
Benefits:
Avoids a formal conviction
May protect your job or future opportunities
Can sometimes qualify for record sealing
Lets you avoid jail time in many cases
May allow you to keep your civil rights
Limitations:
Still appears on your criminal record
Does not automatically mean the charge is erased
Cannot be used for all crimes
May still hurt your reputation or appear in a background check
Consequences:
Counts as a conviction under immigration law
Can be used against you in future arrests
May affect your ability to get a professional license
Could lead to stronger penalties if you are charged again
How Can a Florida Criminal Defense Lawyer Help?
If you’ve been charged with a crime in Florida and are hoping for a withhold of adjudication, the right legal strategy can make all the difference. At Lindsay Chase Law Firm, we guide clients through this process every day. With over 10 years of experience in Florida criminal courts, we know how to fight for your best possible outcome—one that protects both your rights and your future.
Here’s how we help:
Determine Your Eligibility and Advise on Strategy
Not every case qualifies. Our team carefully reviews the charges, your background, and the circumstances of your arrest to determine if this option is possible. If it is, we build a clear strategy aimed at getting it approved by the court. We don’t guess, we prepare. Our approach is based on experience, legal insight, and what works in Florida courtrooms.
Negotiate with the Prosecutor for a Favorable Outcome
Adjudication withheld is not guaranteed. It often takes skilled negotiation with the prosecution. At Lindsay Chase Law Firm, we handle this communication for you. We know how to present your case in a way that highlights your strengths and potential for rehabilitation. We push for withheld adjudication, reduced charges, or alternatives to jail time, whichever outcome gives you the strongest path forward.
Protect Your Record and Future Opportunities
Even with adjudication withheld, your record isn’t automatically protected. That’s why we take the extra step. If you’re eligible, we help you seal or expunge your record so you can move on without the burden of a public criminal history. This step is often overlooked, but we believe in setting you up for long-term success.
We’ve helped many clients walk away without a conviction—and we can help you too. We take every case seriously because we know how much is on the line for you, your family, and your future.
Protect Your Future — Call Lindsay Chase Law Firm for a Confidential Case Review
Adjudication withheld might sound like a legal technicality, but it can have a huge impact on your future. It can protect your job, your reputation, and even your freedom. But only if it’s handled correctly.
We bring over 10 years of experience helping people through some of the toughest moments of their lives. We’ve worked with clients all across Hollywood, Florida, and nearby areas, and we know how to guide you through the process.
Wondering what your next step should be? We’re here to help. Your case deserves personal attention and honest advice.
Call us today at (954) 737-0820 for a free and confidential consultation. Let’s talk about your case, your goals, and how we can help protect your record and your future.
