A withhold of adjudication is one of the most valuable outcomes in a Florida criminal case, because it resolves the charge without entering a conviction. It is also widely misunderstood. This page explains what a withhold is, when a judge is allowed to give one, why DUI is treated differently, and how a withhold opens the door to sealing a record.
Guilt Resolved Without a Conviction
Under section 948.01, when it appears that a defendant is not likely to engage in a criminal course of conduct again, a court may stay and withhold the adjudication of guilt rather than enter a conviction. The purpose is rehabilitative, to spare a person the lasting damage a conviction causes, including the loss of civil rights. On a felony, a withhold comes with probation; on a misdemeanor, it may come with probation or simply costs.
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and a record that follows someone after the case is over is something I have watched cost good people jobs, housing, and licenses. My office handles the seal and expunge process from the FDLE eligibility check through the court order. Learn more about my background.
When a Judge Can and Cannot Withhold
Section 775.08435 limits the judge’s power to withhold on felonies, and the limits have tightened over the years.
| Offense level | Can the judge withhold adjudication? |
|---|---|
| Capital, life, or first-degree felony | Never |
| Second-degree felony | Only if the State asks in writing, or the court makes written findings under section 921.0026 |
| Third-degree felony that is domestic violence | Only if the State asks in writing, or the court makes written findings under section 921.0026 |
| Third-degree felony, one prior withhold from a different episode | Only with a written State request, or written findings under section 921.0026 |
| Second-degree felony, a prior withhold from a different episode | Never |
| Third-degree felony, two or more prior withholds from different episodes | Never |
| Misdemeanor | At the judge’s discretion under section 948.01 |
DUI Is Different
DUI sits in its own category. Florida law requires a judge to adjudicate a DUI guilty, so a withhold is not available on a DUI no matter how the case is resolved. That is why a DUI conviction can never be sealed or expunged. The route that helps is getting the DUI reduced, often to reckless driving with a withhold, which can then qualify for relief, one of the reasons how a DUI is resolved carries weight well beyond the courtroom.
Why a Withhold Matters for Sealing
The payoff of a withhold often comes later. Because a withheld charge is not a conviction, it is the classic disposition that can be sealed under section 943.059, a door a conviction closes. The limit worth knowing is that a withhold does not by itself clear the offenses barred by section 943.0584, which stay ineligible even when adjudication was withheld. The full eligibility picture is on the who qualifies page.
What a Withhold Still Costs You
A withhold is not a clean slate on its own. The arrest and the charge keep showing up on background checks until the record is sealed, a felony withhold places you on felony probation with firearm restrictions while you are supervised, and some licensing boards and immigration authorities treat a withhold as a serious event. Those lasting effects are the reason sealing is usually the next step. The wider fallout is covered in collateral consequences.
Common Questions
Is a withhold of adjudication a conviction?
No. When a judge withholds adjudication, you are not adjudicated guilty and you do not have a conviction for most purposes. That is what makes a withheld charge eligible to be sealed later, where a conviction would not be.
Can a judge withhold adjudication on any charge?
No. A judge can never withhold on a capital, life, or first-degree felony. For a second-degree felony, or a third-degree felony that is domestic violence, the judge can withhold only if the State asks in writing or the court makes written findings under section 921.0026. Prior withholds can take the option away entirely.
Can I get a withhold of adjudication on a DUI?
No. Florida law requires a judge to adjudicate a DUI guilty, so a withhold is not available on a DUI. The path that helps is reducing the DUI to a lesser charge, often reckless driving, where a withhold can be entered and the record can then qualify to be sealed.
Does a withhold still show up on a background check?
Yes. A withhold is not a conviction, but the arrest and the case still appear on a background check until the record is sealed or expunged. Sealing is the step that hides it from most public view.
Can a felony withhold affect my gun rights?
It can. A withhold on a felony still places you on felony probation and can carry firearm restrictions while you are under court supervision, and other collateral effects can follow. The specifics depend on the charge, so it is worth getting advice before you assume a withhold leaves everything intact.
Related: Sealing and Expunging, Who Qualifies, Offenses That Cannot Be Sealed, and Collateral Consequences.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Court-ordered sealing and expunging in Florida are governed by sections 943.059 and 943.0585, Florida Statutes, the list of ineligible offenses in section 943.0584, the automatic sealing provisions of section 943.0595, and Florida Rule of Criminal Procedure 3.692. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
