Withhold of Adjudication: What Does that Mean?
In Florida, criminal cases can be disposed of (sentenced as) either: a) adjudication of guilt -or- b) withhold of adjudication.
A common client question is: “What does that mean?” or “What’s the difference?” This regularly leads to an ad hoc, 10-minute conversation about Florida criminal procedure. This blog post is intended to eliminate the need for that impromptu, 10-minute criminal procedure conversation.
The easiest way to explain a withhold of adjudication is to start by explaining its counterpart: an adjudication of guilt.
An adjudication of guilt means that the court judges you guilty of the charged offense. For all legal purposes, you are convicted of the offense. If the offense is a felony, you will be considered a convicted felon. In conjunction with any imposed sentence, you will lose various civil rights. You will never be allowed to seal the offense from your criminal record. You will never be allowed to seal any other case or arrest from your criminal record. In any future legal proceeding, every potential court that finds the adjudication of guilt will consider that (now prior) case as one at which you were found guilty of the charged offense.
A withhold of adjudication is slightly different. In a withhold of adjudication sentencing, the court does not technically judge you guilty of the charged offense. In several different legal areas: you are not considered to have been convicted of the offense. If the offense is a felony, you are not considered a convicted felon – you retain your civil rights. Even so, it is important to know: firearms rights will be impacted during the term of your sentence and firearm licensing rights will be impacted for several years in the future. Depending on the offense of plea and your prior record (if any), you may be able to eventually seal (not expunge) the case and arrest. In some future legal proceedings, other courts may find that you were not truly found guilty of the earlier offense. The case may not, in the future, be considered a “prior” or a prior conviction.
Know that federal courts, out-of-state courts, and, in some circumstances, even Florida courts will frequently refuse to recognize the difference. I will provide an example. If a client pleads to a battery offense and, in the future, gets arrested for another battery: the State can charge you with felony battery although the client had adjudication withheld in the earlier battery case. The Florida Legislature has written the felony battery statute in a way that looks past the earlier withhold of adjudication. This is not the only example of how, even in Florida, future legal decisionmakers may view a withhold of adjudication as a conviction.
Hopefully the table below helps:
| Adjudication of Guilt | Withhold of Adjudication | |
| Felony case – loss of civil rights | Yes | No |
| Potential to seal (not expunge) | No | Depending on history |
| Universally viewed as a prior conviction | Yes | No |
Specific questions such as: “Would I be able to seal with the charge I have and my criminal history?” or “How would this case impact my firearms rights / my right to hold a concealed weapons license?” depend on the charge and the client’s criminal history. Those questions need to be answered on an individual basis – they are beyond this writing’s broad description.
