What is Adjudication Withheld in Florida Criminal Cases?

A Second Chance That Isn't Automatic and Why Legal Representation Makes the Difference

If you're facing criminal charges in Florida, you've likely heard the term "adjudication withheld." Many people assume it means the charges go away or the case disappears. That isn't true. As a criminal defense attorney who has handled thousands of cases throughout Florida, I want to help you understand what adjudication withheld actually means, how it can benefit you, and why having a private attorney can dramatically change the outcome of your case.

Let me walk you through what adjudication withheld is under Florida law, when it may be granted, what the consequences are, and how I've helped real clients avoid convictions that would have followed them for life.

What Does "Adjudication Withheld" Mean?

Under Florida law, a judge has the authority in certain cases to withhold a formal conviction after a defendant pleads guilty or no contest. This legal concept is known as "adjudication withheld." Rather than being found guilty, the court places you on probation without actually convicting you of the offense. If you complete the terms of your probation, the court does not enter a conviction on your record.

Florida Statute § 948.01(2) governs this authority:

"If it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant suffer the penalty imposed by law, the court, in its discretion, may withhold the adjudication of guilt."

This means the judge is allowed to show leniency, but only when the law allows it and the circumstances justify it. The decision is not automatic. That's why having a private criminal defense attorney matters. Judges are more likely to grant adjudication withheld when the case has been properly prepared, supported by strong mitigation, and the prosecutor has been persuaded not to object.

Why It Matters to Avoid a Conviction

One of the most important consequences of adjudication withheld is that you are not legally considered "convicted" of the offense. This can make a major difference when it comes to your:

• Employment opportunities
• Professional licenses
• Immigration status
• Gun rights (in some cases)
• Housing applications
• Background checks

Under Florida Statute § 775.13(1), individuals convicted of a felony must register with the Department of Corrections. But if adjudication is withheld, you may not be subject to those consequences.

Still, this doesn't mean the case disappears from your record. The charge remains, and so does the arrest record. That's where record sealing might become an option, depending on the charge and outcome.

Who Is Eligible for Adjudication Withheld?

Eligibility depends on several factors, including the type of offense and your criminal history. Under Florida law, certain offenses are excluded from having adjudication withheld. For example, Florida Statute § 775.08435(1) prohibits a judge from withholding adjudication for certain felony offenses unless the prosecutor requests it in writing.

Here are some common examples of cases where adjudication withheld may be an option:

• First-time misdemeanor offenses
• Certain third-degree felonies
• Drug possession cases under Florida Statute § 893.13
• Theft-related offenses
• DUI charges do not qualify, even for first offenses

It's not enough to be eligible. Your attorney has to make the case for why adjudication should be withheld. That includes presenting your background, work history, education, and community ties to show you deserve another chance. A public defender may not have the time to do that for every client. A private attorney can tailor your defense to put your best foot forward in front of the judge.

Real Case Example: Withheld Adjudication Saved a Nursing Career

One of my clients was a 28-year-old nursing student arrested in Collier County for a third-degree felony charge of drug possession after she was found with prescription pills in her vehicle. She had no prior record, had a part-time job in healthcare, and was about to graduate from nursing school.

The State initially offered her probation with adjudication of guilt. That meant she would be a convicted felon and likely lose her chance at getting licensed.

We intervened early, collected character letters, proof of counseling, and academic records, and argued that her actions were out of character and tied to a short-lived personal crisis. We negotiated with the prosecutor and convinced the court to withhold adjudication. She completed probation and later applied to seal her record.

She's now a practicing nurse. If she had accepted the first deal, her entire future would have been gone. That's the difference a private defense attorney can make.

What Happens if You Violate Probation After Adjudication Withheld?

If you violate the terms of your probation after receiving adjudication withheld, the judge can revoke your probation and adjudicate you guilty. That means a conviction will go on your record, and the original sentence for the offense may be imposed.

Florida Statute § 948.06 allows the court to issue a warrant, hold a hearing, and, if the violation is proven, modify or revoke probation.

This is another reason you need a lawyer from the beginning. Your defense attorney can fight the violation allegation, present mitigating circumstances, or negotiate an amended probation rather than a full revocation and conviction.

Can You Seal Your Record If Adjudication Was Withheld?

In many cases, yes. Florida Statute § 943.059 allows for the sealing of criminal records if adjudication was withheld, provided certain conditions are met:

• The charge is not one of the disqualifying offenses listed in the statute
• You have no prior adjudications or withholds for other charges
• You are not under court supervision
• You haven't already sealed or expunged a record in the past

Sealing your record hides it from public view and makes it easier to move on from the mistake. Employers and landlords may not see the case in a background check, and in many cases, you can legally say you haven't been convicted of a crime.

What Charges Are Not Eligible for Withheld Adjudication?

Some charges are excluded by statute. For instance, under Florida Statute § 775.08435(1)(c), the court may not withhold adjudication on a second-degree felony unless the prosecutor requests it in writing and explains the reasons. Similarly, DUI convictions are not eligible under § 316.656(1):

"No court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193."

That means if you're charged with DUI, the court must enter a conviction if you plead guilty or are found guilty.

This highlights why it's critical to have a private attorney who knows how to challenge the case. If we can get the charge amended to a reckless driving or another lesser offense, you may regain the chance for adjudication withheld.

Why Prosecutors Object to Withheld Adjudication and How We Push Back

In some cases, the State Attorney's Office will push for a conviction. They may argue that the defendant has a prior record, the offense was serious, or that adjudication withheld sends the wrong message.

That's where your defense lawyer steps in. I often prepare what's called a mitigation package: letters, certificates, employer verification, counseling records, and submit it to the prosecutor in advance. That gives us leverage during plea negotiations. Judges take these packages seriously, and they often persuade prosecutors to withdraw their objections.

Why You Need a Private Criminal Defense Lawyer

Getting adjudication withheld can save your future, but you won't get there by simply asking. You need someone who can evaluate whether the charge qualifies, whether the judge and prosecutor are likely to agree, and what steps need to be taken to put you in the best position. That means having a defense tailored to you—not a generic response applied to every case.

Public defenders work hard, but they are often overwhelmed and don't have the time to build a full record in support of withholding adjudication. As a private attorney, I make sure your personal story gets told the right way. One mistake shouldn't define your entire life, and I will do everything I can to make sure it doesn't.

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

Florida Adjudication Withheld Frequently Asked Questions

Is adjudication withheld the same as a dismissal?

No, it's not a dismissal. If your case is dismissed, the charge goes away entirely. With adjudication withheld, the court accepts your plea but holds back on entering a conviction. The case still shows up on your record unless it is later sealed, but it is not treated as a criminal conviction.

Can I seal my record if I received adjudication withheld?

In most cases, yes. If your charge qualifies under Florida's record sealing laws and you meet the other requirements, you may apply to seal the record. That means the public will no longer be able to see the case on background checks. Some charges, however, are excluded from sealing even if adjudication was withheld.

Does adjudication withheld mean I don't have to disclose the case to employers?

It depends. If the record is sealed, you generally don't have to disclose it. But if it isn't sealed, employers may still see the arrest and court records. Also, some government or licensed professions may require disclosure regardless. We advise clients on how to handle disclosure on a case-by-case basis.

Can I get adjudication withheld for a DUI in Florida?

No. Florida law prohibits the court from withholding adjudication on DUI charges. If you're convicted or enter a plea to DUI, it will result in a mandatory conviction. That's why it's critical to explore whether the charge can be reduced or challenged. In some cases, we can negotiate a plea to a lesser offense that qualifies.

How many times can you get adjudication withheld in Florida?

There is no statewide limit, but judges and prosecutors consider your full history when deciding whether to allow it. The more priors you have, the harder it becomes. Also, certain felony offenses prohibit withholding adjudication unless the prosecutor agrees. That's why early legal intervention is key.

Will adjudication withheld keep me from owning a gun?

If the charge is a felony and adjudication is withheld, you may not be considered a "convicted felon" under Florida law. However, federal gun laws can be stricter. We review each case individually to determine whether gun rights are affected and how to protect them.

Do I still have to do probation with adjudication withheld?

Yes. The court typically places you on probation as part of the deal. You must comply with all terms, including reporting, community service, fines, or treatment. Violating those terms can lead to a conviction. We work with clients to structure probation conditions that are realistic and fair.

Is adjudication withheld the same thing as a plea deal?

They are related but not the same. A plea deal is the overall agreement between the defense and prosecution. Adjudication withheld may be part of that deal, but it's ultimately up to the judge. We work to make sure your plea includes adjudication withheld when it is legally possible and strategically smart.

Does adjudication withheld mean the case can never come back to haunt me?

Not necessarily. If you're arrested again, the prior withheld case may affect sentencing. It also may show up in background checks, immigration reviews, or licensing applications. That's why we work to seal the record whenever possible.

What if the judge refuses to withhold adjudication?

If the judge refuses, the conviction becomes final. That's why preparation is so important. We work in advance to persuade both the prosecutor and the judge by showing why you deserve the benefit. Timing, presentation, and persistence all matter. That's what we do every day for our clients.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.