What Does Adjudication Withheld Mean in Florida? 2025

Dealing with the criminal justice system can be frustrating and confusing. Legal jargon does not always make sense, and it’s often difficult to understand how it impacts you after an arrest or criminal charge. Whether you have recently received a court decision or are facing one soon, you need to know what legal terms mean and how they apply to your case. One common confusing term is “adjudication withheld.” You may be wondering, “What does adjudication withheld mean in Florida?”

What Does Adjudication Withheld Mean in Florida?

In Tampa, Florida, “adjudication withheld,” or withhold of adjudication, means the defendant receives a sentence of probation without a guilty conviction. This is a type of compromise where the offender receives some penalty for committing a crime but does not have the full consequences of a conviction on their criminal record. Adjudication withheld does still show up on criminal background checks, but the person can answer “no” to questions about convictions.

When a judge withholds adjudication, the offender has to complete their probation, pay any fines, and comply with any other stipulations by the court in order for the withheld adjudication of guilt to stand. In other words, if they do not complete the full sentence, they could still be found guilty of the offense.

Could Adjudication Withheld Apply to My Criminal Case?

Not every case is suitable for adjudication withheld. It is usually only an option for first offenses and less severe charges, as the judge has to believe that the defendant is very unlikely to commit another crime and is not a risk to the community. Some more serious crimes are not eligible for adjudication withheld. These include:

• Capital felonies, such as murder or armed robbery when someone is killed
• Some first-degree felonies, such as home invasion
• Certain white collar crimes, like embezzlement
• Some third-degree felonies, such as aggravated assault or certain theft crimes
• Crimes that involve the use of guns or firearms
• DUI
• Repeat offenses

Pros and Cons of Adjudication Withheld

Because adjudication withheld results in no conviction, the offender is able to retain some rights and benefits they could lose if convicted. These include:

• Not having a conviction on their criminal record
• Reduced penalties
• Avoiding trial
• Maintaining civil rights
• Keep driving privileges
• Not getting points on their driver’s license or car insurance
• Continuing education and employment
• Answering “no” to criminal conviction questions on applications for housing, employment, and other benefits

However, because adjudication withheld means the offender is still considered guilty, there can be some negative consequences. Adjudication withheld can count as a previous criminal record if the person is convicted of another crime, which can lead to harsher sentences. Federal and other state government agencies may consider cases involving withheld adjudication to be convictions.

How Do Expungement and Sealing Relate to Adjudication Withheld?

Expungement is the legal process of permanently removing crimes or charges from a person’s criminal record, so they no longer show up on background checks for employers, landlords, bank officers, and other public parties. Sealing is similar, but rather than completely removing the records or charges, it only removes them from public view. This means it does not show up on background checks but can be seen and used by law enforcement and courts.

In Tampa, Florida, cases where adjudication is withheld are not eligible for expungement, but they can often be sealed when the person has completed their sentence, meets all other criteria, such as not having any convictions, and goes through the petition process, which includes filing a petition, paying a fee, getting an FBI Application Fingerprint Card, and other steps. A qualified criminal defense attorney can help determine if this is an option in your case.

FAQs

Q: Does Adjudication Withheld Remain on Your Record Forever in Florida?

A: Criminal records in Florida are permanent, which means adjudication withheld remains on your record forever unless you have it sealed. However, in criminal cases, there is a look-back period, which is the amount of time law enforcement and prosecutors can count your criminal history against you. This period varies depending on the charge. A trusted Tampa criminal defense lawyer can inform you of the look-back period for your case.

Q: Is Adjudicated the Same as Convicted?

A: Yes, adjudicated is generally the same as convicted. An adjudication of guilt means that the person was found guilty or admitted to guilt. When adjudication is withheld, that means the judge did not find the person guilty, and there is no conviction. In some situations, though, the term “adjudicated” may refer to part of the legal process and not the conviction itself.

Q: Can You Own a Gun With Adjudication Withheld in Florida?

A: Yes, you can own a gun with adjudication withheld in Florida, but there are some restrictions. Guns are, in part, federally regulated, and the federal government does not recognize adjudication withheld. Generally, if you have adjudication withheld, you have to complete your probation and then wait three years to be eligible to own a gun or carry a concealed weapon. However, because you were not convicted, you do not have to apply to get your gun rights back.

Q: Are Felonies Eligible for Adjudication Withheld in Florida?

A: Certain felonies are eligible for adjudication withheld in Florida, such as fraud, drug trafficking, or burglary. However, if the defendant has a previous conviction, they may still not be eligible. Your criminal defense attorney can explain how the laws apply and what the possible outcomes are for your case.

Get the Legal Help You Need From the Talented Defense Team at Jeff Marshall Law

Adjudication withheld is often a more desirable result than a conviction. If you are facing criminal charges and are unsure if adjudication withheld is applicable to your case, the experienced criminal defense team at Jeff Marshall Law can help you determine your legal options. Our skilled attorneys can develop a strong legal defense strategy to achieve the most favorable outcome possible in your case. Contact our office today to set up an initial consultation.