In Florida, individuals who are found guilty of or plead no contest to certain criminal offenses – even felony offenses – may be offered the option of adjudication of guilt being withheld rather than being formally convicted of a criminal offense. A withhold of adjudication of guilt (commonly referred to as a “withhold” or a “withhold of adjudication”) can have significant implications for a person’s criminal record, civil rights, future employment, school or college, loan or financial abilities, and many other opportunities. If you or someone you know is facing criminal charges and is wondering whether this alternative could be available, call the experienced criminal defense attorneys at Woolsey Morcom today to understand what withholding adjudication means, the eligibility requirements, and the potential benefits and consequences.
What Does “Withholding Adjudication” or “Adjudication Withheld” mean in Florida?
Receiving a withhold of adjudication in Florida means that a defendant has been found guilty of or pled guilty or no contest to a crime(s), but the judge does not formally convict them of the offense(s). Essentially, the judge withholds adjudication of guilt. Put differently, the court refrains from imposing a criminal conviction, which means the defendant is not considered a convicted criminal under Florida law for that particular offense or offenses.
A withhold of adjudication is designed to provide certain offenders, particularly those with little or no criminal history, the chance to avoid the full legal consequences of a criminal conviction – especially when the offense was a felony – which could mean losing the right to possess a firearm or own a gun or go hunting, losing the right to vote or serve on a jury and other civil rights, or having the stigma of being a convicted felon.
While usually offered or available only to certain first-time misdemeanor or felony offenders, an experienced criminal defense lawyer can often negotiate a disposition where the prosecution agrees to withhold adjudication if there are proof or evidentiary issues with the prosecution’s case, even if the person has prior criminal convictions for misdemeanors or felonies.
Who Qualifies for Withholding Adjudication?
Under Florida law, a withhold of adjudication is typically offered to first or second-time misdemeanor or felony offenders. According to Florida Statute § 948.01(2), the judge has discretion to withhold adjudication based on certain factors such as the defendant’s likelihood of engaging in future criminal conduct and the nature of the offense. In some cases, however, even with defendants that have significant criminal histories with multiple prior criminal convictions, an experienced criminal defense lawyer may be able to negotiate a withhold of adjudication or convince a judge at a sentencing hearing that withholding adjudication will best serve the defendant and society.
However, not all crimes are eligible for a withhold of adjudication. For example, individuals charged with certain misdemeanor offenses such as Driving Under the Influence or Driving While Intoxicated (commonly referred to as DUI or DWI) and certain domestic violence charges – even those that involve no injury to the alleged victim – may also be excluded. According to Florida Statute § 775.08435, the judge cannot withhold adjudication of guilt for capital felonies, life felonies, first-degree felonies, and even second and third-degree felony offenses unless the prosecutor requests in writing that adjudication be withheld, or the court makes certain written findings that the withhold of adjudication is reasonably justified based on circumstances or factors in accordance with Florida Statute § 921.0026. Additionally, if a defendant has already received the benefit of a withhold of adjudication in the past, he or she may not be eligible for a subsequent withhold of adjudication in the future in some circumstances. An experienced criminal defense attorney can assess the details of your case and determine whether a withhold of adjudication is a viable option.
Is Withholding Adjudication the Same as a Conviction?
No. Withholding adjudication is not the same as being convicted of a criminal offense. When adjudication of guilt is withheld, the defendant is not formally convicted of the criminal offense. This distinction is important because, unlike a criminal conviction, the individual will not lose their right to possession firearms or weapons, their right to vote, and many other important civil rights.
In contrast, a conviction can have severe long-term consequences, including the loss of certain civil rights, employment difficulties, and challenges in securing housing or financial assistance. Withholding adjudication gives the individual an opportunity to avoid these long-term penalties.
It is important to note that even when adjudication of guilt is withheld, the offense will still appear on most criminal background checks unless the record is sealed.
Can Withholding Adjudication Be Expunged or Sealed?
In most cases, yes. In Florida, while a withhold of adjudication cannot be immediately expunged from your criminal record, in the case of certain felony and most misdemeanor offenses, a withhold of adjudication is eligible for sealing assuming the person is otherwise eligible and has no prior criminal convictions. Sealing a record means that the criminal case will not be available to the public. Once the case is successfully sealed, Florida requires a certain waiting period (typically ten years depending on the offense) from the date the case is officially sealed before a person can apply to have the case expunged. If a case is successfully expunged, the clerk’s physical file is destroyed, all digital and online case information is removed from law enforcement databases, and the person is lawfully allowed to answer “no” on most job or other applications that ask if a person has ever been arrested or been a party to or investigated for a criminal offense.
Some criminal offenses, however, such as those involving domestic violence, sexual offenses, or drug trafficking are not eligible for sealing, even if adjudication was withheld and even if the offense was a misdemeanor in certain situations. It’s important to consult with an experienced criminal defense attorney to determine whether your case qualifies for sealing or expungement.
Benefits of Withholding Adjudication
There are several benefits to having adjudication withheld, including but not limited to:
- Preservation of Civil Rights: Since you are not formally convicted of any criminal offense when a court withholds adjudication of guilt, you maintain your right to vote, own and possess and purchase firearms, and serve on a jury.
- Lesser Penalties: While you may still face penalties such as fines, probation, or community service, the long-term consequences of a conviction are avoided. For example, in a drug-related case, you may avoid an automatic license revocation. For non-criminal offenses like traffic citations, a withhold of adjudication of guilt will avoid points being assessed to your license and can keep your auto insurance rates from skyrocketing.
- Employment Opportunities: Since you are not considered a convicted felon or a convicted misdemeanant with a withhold of adjudication, you can truthfully deny having a criminal conviction when applying for jobs or housing. This can be a significant advantage when it comes to moving forward with your life after a criminal case.
- Fresh Start: Successfully completing any probationary sentence and fulfilling the conditions of your sentence where adjudication of guilt was withheld can allow you to move forward without the weight of a criminal conviction hanging over you.
Consult a Florida Criminal Defense Attorney
If you are facing criminal charges, it’s important to speak with a qualified criminal defense attorney. A skilled attorney can evaluate the facts of your case, explain your legal options, and help you navigate the complexities of Florida’s criminal justice system.
At Woolsey Morcom, we have decades of experience representing clients in criminal cases throughout Florida. Our team of dedicated attorneys will work tirelessly to help you understand your rights and pursue the best possible outcome for your case. If you or a loved one is facing criminal charges, don’t wait—contact Woolsey Morcom today for a free consultation and take the first step toward resolving your case.
