Adjudication Withheld in Florida: What It Means for Your Record
Updated September 2026 · 2023-2025 data
In 2025, Florida courts withheld adjudication in 20.4% of 545,666 resolved criminal cases — against a 61.4% guilty rate and a 4.3% dismissal rate. The withhold rate runs from 38.3% for hit and run to 1.3% for drug trafficking, and from 44.3% in Broward County to 9.9% in Walton County. The tables below are computed from the same records.
Florida's adjudication withheld disposition is one of the most misunderstood outcomes in the state's criminal justice system. Unlike most states, Florida judges have the discretion to find a defendant guilty of the underlying offense but withhold a formal conviction. This guide explains what adjudication withheld means, how it works, and what our data shows about how often it is used across Florida's 67 counties.
What Is Adjudication Withheld?
Under Florida Statute § 948.01, when a defendant pleads guilty or no contest (or is found guilty at trial), the judge may withhold adjudication and place the defendant on probation instead of entering a formal conviction. The key legal effect: the defendant is not formally convicted, even though the court found sufficient evidence of guilt. This is distinct from a dismissal or acquittal — the case was resolved against the defendant, but without the full legal consequences of a conviction.
Legal Benefits of Adjudication Withheld
The practical benefits are significant:
- No formal conviction — the charge does not appear as a "convicted" offense on the defendant's record
- Record sealing eligibility — under § 943.059, defendants who received a withhold of adjudication may petition to seal their criminal record (one-time eligibility)
- Civil rights preserved — voting rights and the right to possess firearms are generally not lost for misdemeanors with adjudication withheld
- Professional licensing — many licensing boards treat a withhold more favorably than a conviction
- Immigration benefits — for non-citizens, a withhold may avoid certain immigration consequences, though this area is complex and evolving
Limitations and Restrictions
Adjudication withheld is not available for all charges. Under § 775.08435, certain offenses have restrictions:
- Capital, life, and first-degree felonies — adjudication withheld is prohibited outright
- Second-degree felonies (and third-degree felonies involving domestic violence) — prohibited unless the State Attorney requests it in writing or the court makes written findings of reasonable justification, and never where the defendant already has a withhold for an unrelated felony
- DUI — adjudication cannot be withheld for DUI under § 316.656; a DUI conviction is mandatory upon a guilty finding
- Second or subsequent felony withholds — a defendant who has previously received a withhold for a felony will have the new withhold treated as a "conviction" for Criminal Punishment Code scoresheet purposes
How Often Is Adjudication Withheld in Florida?
Adjudication withheld by charge — Florida, 2025
Share of resolved cases in which adjudication was withheld, by charge category, with the number of resolved cases behind each rate. Categories with fewer than 1,000 resolved cases in 2025 are not ranked. Each charge links to its county-level breakdown.
DUI sits near the bottom because § 316.656 bars a withhold on a DUI conviction; drug trafficking carries mandatory minimums. Diversion is counted separately — a case diverted before a finding never reaches the withhold stage.
Where judges withhold most and least — all charges, 2025
Among the 42 counties with at least 2,000 resolved cases in 2025:
| Highest withhold rate | Rate | Lowest withhold rate | Rate |
|---|---|---|---|
| Broward County (23,761 cases) | 44.3% | Walton County (3,575 cases) | 9.9% |
| Monroe County (4,378 cases) | 31.0% | Palm Beach County (46,729 cases) | 10.2% |
| Orange County (23,353 cases) | 30.5% | Columbia County (2,253 cases) | 11.2% |
| Nassau County (2,404 cases) | 29.7% | St. Lucie County (7,014 cases) | 11.7% |
| Duval County (33,001 cases) | 28.2% | Pinellas County (36,336 cases) | 12.3% |
County rates mix every charge category, so a county that sees more traffic and misdemeanor cases will show a higher withhold rate than one weighted toward felonies. Compare within a charge on its county pages before drawing a conclusion about a court.
Adjudication Withheld vs. Other Outcomes
| Disposition | Formal Conviction? | On Criminal Record? | Sealable? |
|---|---|---|---|
| Adjudicated Guilty | Yes | Yes | No (expungement only after set-aside) |
| Adjudication Withheld | No | Yes (but not as conviction) | Yes (one-time, under § 943.059) |
| Pre-Trial Diversion | No | Arrest record remains | Yes (after completion, expungement eligible) |
| Dismissed / Nolle Prosequi | No | Arrest record remains | Yes (expungement eligible) |
| Acquitted | No | Arrest record remains | Yes (expungement eligible) |
Should You Accept Adjudication Withheld?
Whether to accept a plea deal that includes adjudication withheld depends on several factors: the specific charge, your prior record, immigration status, career goals, and the strength of the state's case. For many first-time offenders facing non-violent charges, a withhold of adjudication with probation can be an excellent outcome. However, for DUI charges, a withhold is not available by statute. For repeat offenders, the benefits diminish because subsequent withholds are scored as convictions. A qualified Florida defense attorney can evaluate your specific circumstances and advise whether a withhold is the best available outcome.
Frequently Asked Questions
Is adjudication withheld the same as a conviction in Florida?
No. When adjudication is withheld, the judge finds sufficient evidence of guilt but does not formally convict the defendant. This means the charge does not appear as a conviction on the defendant's record, which can preserve eligibility for record sealing, professional licensing, and other benefits. However, the arrest record and court proceedings remain public.
Can adjudication withheld be used against me?
While adjudication withheld avoids a formal conviction, the withhold may still appear on background checks and can be considered by judges in future sentencing. For the Criminal Punishment Code scoresheet, a prior offense counts in the defendant's record whether or not adjudication was withheld (§ 921.0021), and § 775.08435 blocks a second felony withhold in most cases.
How common is adjudication withheld in Florida?
In 2025, Florida courts withheld adjudication in 20.4% of 545,666 resolved criminal cases in FDLE's clerk-case data. The rate ranges from 38.3% for hit and run down to 2.4% for DUI, where Florida law bars a withhold on conviction (§ 316.656), and it varies just as widely by county.