Withhold of Adjudication in Florida: What It Does and Does Not Do

What Florida law says

Under section 948.01(2), Florida Statutes,, if it appears to the court that the defendant is not likely to engage in a criminal course of conduct again, and that the ends of justice and the welfare of society do not require the penalty imposed by law, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In a felony case the court then places the defendant on probation.

See the glossary entry for withhold of adjudication.

When a withhold is not allowed

• DUI. Section 316.656, Florida Statutes, says no court may suspend, defer, or withhold adjudication of guilt for DUI.
• Capital, life, and first-degree felonies. Section 775.08435, Florida Statutes, bars a withhold for these.
• Second-degree felonies. A withhold is barred unless the State Attorney asks for it in writing or the court makes written findings that it is reasonably justified. It is barred in any case if the person has a prior withhold for a felony that arose from a different transaction.
• Third-degree felonies. The same written request or written findings are needed when the offense is a crime of domestic violence, or when the person has one prior felony withhold. With two or more prior felony withholds, a withhold is barred.

What a withhold can do

The main effect is on the record. Florida’s sealing statute is open only to a person who has never been adjudicated guilty of a criminal offense in the state, so a withhold can leave that door open where an adjudication would close it. See record sealing vs. expungement in Florida.

What a withhold does not do

• It does not make the record disappear. The arrest and the court file remain public unless a judge later orders the record sealed.
• It does not make an excluded offense sealable. Section 943.0584 lists offenses that cannot be sealed or expunged after a plea of guilty or no contest, whether or not adjudication was withheld.
• It still counts as a conviction under many statutes. For example, the battery statute and the 2026 domestic violence law both define a conviction as a determination of guilt after a plea or trial, regardless of whether adjudication is withheld. See battery in Florida and domestic violence charges in Florida.
• It does not remove immigration risk. Florida Rule of Criminal Procedure 3.172 requires a judge taking a plea to warn that, for a person who is not a U.S. citizen, the plea may lead to deportation or removal regardless of whether adjudication of guilt has been withheld.
• It does not end the case early. A person on probation who violates it can be adjudicated guilty and sentenced. See violation of probation in Florida.

Common questions

Is a withhold of adjudication a conviction?

It depends on which law is asking. The court has not adjudicated the person guilty, but many Florida statutes define “conviction” to include a withhold.

Can a record with a withhold be expunged?

Not directly. A record sealed after a withhold can become eligible for expunction once it has been sealed for at least 10 years.

Can a judge withhold adjudication for a misdemeanor?

Yes. Section 948.01 refers to nonfelony offenses in which adjudication is withheld. Some offenses, such as DUI, have their own rule.

When to speak with an attorney

Whether a withhold is possible, and what it would mean for a job, a license, immigration status, or a later case, depends on the charge and the person’s history. A licensed Florida attorney can explain that before a plea is entered. A person who cannot afford a lawyer can ask the court to appoint the public defender. More guides are on the Criminal Records topic page.