If you are facing a criminal charge in Florida, you may hear that a case can end with a “withhold of adjudication” instead of an “adjudication of guilt.” It sounds like the same result with a gentler name. It is not. The difference can affect your record, your future charges, and, for non-citizens, your immigration status. Here is what the two terms mean and why a withhold is not always the clean win people expect.
The Basic Difference
When a person pleads guilty or no contest, or is found guilty at trial, the judge has a choice in many cases. The judge can adjudicate the person guilty, which creates a formal conviction on the record. Or the judge can withhold adjudication of guilt, which means the court does not formally enter a judgment of guilt, usually while the person completes probation or other conditions.
Under section 948.01(2) of the Florida Statutes, a judge may withhold adjudication if the court finds that the defendant is not likely again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty. In a felony case, the defendant is placed on probation. Whether to withhold is generally up to the judge, often shaped by what the prosecutor agrees to in a plea negotiation.
When a Withhold Is Not Allowed
A withhold is not available in every case. Florida law limits it:
- Serious felonies. Under section 775.08435, a court may not withhold adjudication for a capital, life, or first degree felony.
- Second degree felonies. A withhold is allowed only if the state attorney requests it in writing, or the court makes written findings that it is reasonably justified. It is barred if the person has a prior withhold on a felony from a different case.
- Certain third degree felonies. Limits apply to third degree domestic violence felonies, and to other third degree felonies when the person already has a prior felony withhold. A person with two or more prior felony withholds cannot receive another.
- DUI. Section 316.656 provides that, notwithstanding the general withhold statute, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of section 316.193 (the DUI statute), for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.
Where a Withhold Can Help
The most important practical benefit is the chance to clear your record later. To seal a criminal history record in Florida, section 943.059 requires, among other things, that you have never been adjudicated guilty of a criminal offense in this state, and that the charge you want to seal did not end in an adjudication of guilt. A person who received an adjudication of guilt generally cannot seal that case, while a withhold may leave the door open if the other requirements are met, including that no disqualifying offense is involved and that you have not previously sealed or expunged a record. For more, read our post on sealing versus expunging a record.
A withhold can also look better on some applications and background checks than a formal conviction, although the arrest and case may still appear in records until they are sealed or expunged.
Where a Withhold Does Not Protect You
Future sentencing. For Florida felony sentencing, section 921.0021 defines a “conviction” as a determination of guilt that results from a plea or a trial, regardless of whether adjudication is withheld. A withhold can therefore count as part of your prior record if you are charged again.
Future withholds. As described above, a prior felony withhold can limit or block a withhold in a later felony case.
Probation violations. A withhold usually comes with probation. If probation is violated, the judge may be able to adjudicate guilt and impose a sentence, so the withhold is conditional on finishing probation successfully.
The Big One: Immigration
This is the point many families do not hear until it is too late. Federal immigration law defines a “conviction” more broadly than Florida criminal law does. Under 8 U.S.C. section 1101(a)(48)(A), when a judge withholds adjudication, it still counts as a conviction for immigration purposes if the person entered a guilty or no contest plea, or admitted enough facts to support a finding of guilt, and the judge ordered some form of punishment, penalty, or restraint on liberty. Probation, jail time, or even time already served can meet that second requirement.
In plain terms: a plea deal that sounds like a win in state court, because adjudication was withheld, can still create serious immigration consequences for a non-citizen. Whether a particular offense triggers a specific consequence depends on the exact charge, the statute, and the person’s immigration situation, so it must be analyzed before any plea is entered, not after.
This is why our firm defends the criminal case with immigration in mind from the start. Our firm does not handle removal proceedings in immigration court, and we coordinate with qualified immigration counsel when needed. Read more in our post on how a DUI can affect immigration status.
Frequently Asked Questions
Is a withhold of adjudication a conviction?
It depends on who is asking. For some Florida purposes it is treated differently from an adjudication of guilt, but for Florida felony sentencing and for immigration law it can still count as a conviction.
Can I ask for a withhold in my plea deal?
Often yes, if the charge allows it. An attorney can negotiate with the prosecutor and present reasons to the judge. Never accept a plea before you understand the effect on your record, your future cases, and, if you are not a U.S. citizen, your immigration status.
Can I seal a case that ended with a withhold?
Sometimes. Sealing has several requirements, including that you have never been adjudicated guilty in Florida and that the offense is not on the list of offenses that cannot be sealed. An attorney can review your record and tell you whether you qualify.
Before You Take a Plea, Talk to an Attorney
The difference between a withhold and an adjudication can shape your life for years. Our bilingual attorneys explain every option in Spanish or English. Call Southwest Florida at (239) 933-9404 or Central Florida at (321) 509-0304. Learn more about our criminal defense services.
This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, laws change, and past results do not guarantee a similar outcome.
EN 
ES