Probation & Violations

What is a withhold of adjudication?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A disposition where the court accepts a plea but doesn't formally convict you — and it preserves options a conviction would eliminate.

On a withhold, the court accepts the plea, imposes conditions such as probation, but does not enter a formal adjudication of guilt.

Why it matters: a withhold generally preserves eligibility for sealing the record later, which a conviction eliminates. It also avoids certain consequences that attach specifically to convictions, including some civil rights effects.

What it doesn't do. The arrest and the case still exist and still appear on background checks unless and until sealed. Many employers and licensing bodies ask about arrests rather than convictions. Immigration law defines conviction differently than Florida does, and a withhold can still count.

Withholds aren't available for every offense — Florida law prohibits them for DUI and restricts them elsewhere — and there are limits on how many a person can receive.

The practical significance is at the plea stage. Whether a resolution includes a withhold rather than an adjudication is frequently more consequential than the sentence attached, and it's negotiable.

This is the term to ask about before you plead to anything. ---

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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.