What Is a Withhold of Adjudication in Florida?

In many Florida criminal cases, avoiding a formal conviction is just as important as avoiding jail. One way to do that is through a withhold of adjudication — a legal outcome that can significantly reduce the long-term consequences of a criminal charge.

At The Bonderud Law Firm, we routinely pursue this option for eligible clients. Here’s what it means and how it can benefit your case.

What Does “Withhold of Adjudication” Mean?

A withhold of adjudication occurs when the court does not formally convict the defendant, even if the defendant pleads guilty or no contest (or is found guilty). It’s a unique legal mechanism available in Florida and a few other states.

With a withhold:

• You are not “convicted” under Florida law
• You may avoid certain penalties that come with a formal conviction
• You still face conditions like probation, community service, or fines

Benefits of a Withhold of Adjudication

1. Avoiding a Criminal Conviction on Your Record
   While the charge still appears, it’s not a conviction — which can make a big difference when applying for jobs, housing, or professional licenses.
2. Preserving Civil Rights
   You may avoid losing your right to vote, serve on a jury, or possess firearms (depending on the charge).
3. Eligibility for Record Sealing
   Some charges that result in a withhold can later be sealed, making them invisible on most background checks.
4. Avoiding Mandatory Minimum Sentences
   A withhold may help avoid mandatory consequences, such as driver’s license suspension or jail time in certain cases.

Who Is Eligible for a Withhold?

Eligibility depends on the type of charge, your criminal history, and how the case is resolved. Generally:

• First-time offenders are more likely to qualify
• Many misdemeanors and some third-degree felonies may be eligible
• Violent crimes, DUI, and certain drug trafficking charges are excluded by law

The judge has discretion, and in some cases, the State Attorney must agree to the withhold.

Does a Withhold Mean the Case Is Over?

Not necessarily. A withhold often comes with probation, and violating those terms can lead to a conviction and additional penalties.

Avoiding a Conviction May Be Within Reach

If you’re facing a criminal charge in Florida, a withhold of adjudication might be a smart and strategic resolution — but it must be negotiated or argued for effectively.

At The Bonderud Law Firm, we explore every option to protect our clients’ records, rights, and future. Contact us today to schedule a consultation and find out if you’re eligible for a withhold of adjudication.