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?” I decided to write this explanation and host it on my website. The explanation is for clients who are considering Florida court plea offers. A withhold of adjudication is solely a state court concept. As explained below, withholding adjudication does not apply to federal court clients. Unlike an attorney/client conversation, this writing can be, during the decision process, re-referenced. At the client’s discretion, this writing can also be shared with loved ones who may be offering input or posing questions. This writing is intended to, unlike a verbal conversation, remain accessible.
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. In a felony case, any future possession of a firearm itself becomes a serious felony offense. You will never be allowed to seal the offense from your criminal record. Whether felony or misdemeanor, 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 in which you were found guilty of the charged offense.
If a plea offer or a sentence involves any time in the Florida Department of Corrections, even for a day, the court disposition necessarily involves an adjudication of guilt. A Department of Corrections sentence cannot be legally imposed with a withhold of adjudication. This can be used looking the other way as well: any previous sentence that involved any stint incarcerated within a Department of Corrections facility necessarily means that the individual was adjudicated guilty and is presently a convicted felon.
A withhold of adjudication is slightly different. In a withhold of adjudication sentencing, a Florida 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. Whether or not the case is considered a prior conviction depends on the nature and forum of the future proceeding.
Know that federal courts, out-of-state courts, and, in some circumstances, even Florida courts will often refuse to recognize the difference. I will provide an example. If a client pleas to a withheld adjudication in a battery offense and, in the future, gets arrested for another battery: the State can charge the client with felony battery although the client had, in the earlier case, adjudication withheld. 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 simply as a conviction.
Similarly, many (but not all) licensing boards will view a withheld adjudication as a conviction. The Florida Department of Health or Florida Board of Nursing, for example, will probably consider a prior withhold of adjudication as, for all practical purposes, a conviction. Above I wrote about federal courts considering withholds of adjudications as convictions. This importantly applies to immigration proceedings as well. I am not an immigration attorney. That said, I know from past client relationships that immigration courts look right through Florida withholds of adjudication. In immigration court, a withhold of adjudication is a conviction and those immigrations courts will act from that legal starting point.
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 | Depends on charge/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 individual client’s criminal history. Those questions need to be answered on a per-client basis – they are beyond this writing’s broad overview.
