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Update: Florida Revises Rules For Withholds of Adjudication
Updated September 30, 2026.
A withhold of adjudication can be an important part of resolving a Florida criminal case, but its availability and consequences depend on the charge, record, and governing law. Our withhold-of-adjudication overview explains the distinction from an adjudication of guilt.
What Does a Withhold Mean?
The court withholds formal adjudication following a plea or finding of guilt. Conditions may include probation and other sanctions. This does not mean that the charge was dismissed or that the record disappears. Violating supervision can lead to further proceedings and an adjudication.
Limits on Withholding Adjudication
Section 775.08435 bars withholds for capital, life, and first-degree felonies. Second-degree felonies and third-degree domestic-violence felonies require specified grounds, such as a written prosecutor request or qualifying written judicial findings. Prior felony withholds can further restrict or prohibit relief. Other offense-specific laws may also prohibit a withhold.
A withhold is not a dismissal, acquittal, or automatic sealing of the record. Whether it counts as a conviction for a particular purpose depends on the governing law. Federal immigration law may treat a plea or finding of guilt with a penalty or restraint as a conviction despite a Florida withhold. Employment, licensing, housing, driving, and firearms consequences require separate review. Read the actual application question before answering; a withhold does not create an unrestricted right to deny the case.
How Prior Withholds Affect Felony Eligibility
For a second-degree felony, a prior felony withhold arising from a different transaction bars another withhold under section 775.08435; the earlier offense need not itself have been a second-degree felony. For a third-degree felony, one prior unrelated felony withhold triggers additional statutory requirements, while two or more prior felony withholds outside the current transaction prohibit relief. The court’s written findings must satisfy the statute, not merely express general leniency. Juvenile adjudications under chapter 985 follow separate provisions.
Review the Complete Plea Before Deciding
We assess eligibility and the actual consequences of a proposed disposition, including any separate sealing or expunction requirements. Contact Valiente Law to discuss your case with a criminal defense attorney.
Posted in: Criminal