Probation & Violations

Am I a convicted felon if adjudication was withheld?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
For most Florida purposes, no — but the answer changes depending on who's asking and under what law.

Generally not, for Florida purposes. A withhold is not a conviction under Florida law, which is why it preserves sealing eligibility and avoids certain consequences.

But the answer isn't uniform.

Firearms. Florida's prohibition on possession by convicted felons has been read to reach some withheld dispositions, and federal law applies its own definition. Do not assume a withhold restores firearm eligibility — this is a question to get answered specifically rather than inferred.

Immigration. Federal immigration law defines conviction to include dispositions where guilt was admitted and any penalty imposed. A withhold frequently counts as a conviction for immigration purposes even though it doesn't in Florida.

Employment and licensing. Many applications ask about arrests, charges, or pleas rather than convictions. A truthful answer may require disclosure regardless.

Later cases. A withhold can affect scoresheet calculations and enhancement eligibility in a subsequent case.

So the accurate answer is that it's not a conviction in Florida, and it may function as one elsewhere.

Before you buy a firearm or fill out an immigration form, ask specifically. Don't infer this one. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.