When it comes to withheld adjudication in Florida, we get all sorts of questions from our clients on a monthly basis. In an effort to infrom as many people as possible, we answered some of the most common questions we receive about the process of adjudication below.
What is Adjudication Withheld?
In Florida, adjudication withheld means a judge doesn't convict someone but gives them probation instead. If the offender successfully completes probation, Florida law will not classify them as a convicted felon.
What is F.S. §948.01?
F.S. §948.01 is a Florida law that allows a judge to withhold adjudication. This means the judge does not formally convict someone. Instead, the defendant can avoid the collateral consequences of a criminal conviction by completing a probation sentence successfuly.
Is Adjudication Withheld a Good Thing?
Withholding adjudication means the court does not formally render a guilty verdict. It can be a favorable outcome in some cases, but not if the defendant could be acquitted at trial.
What Does Adjudicated Guilty Mean?
Adjudicated guilty means a defendant is found guilty of a crime and receives a full conviction. If the defendant received a withhold of adjudication there is no full conviction.
Can You Get a Job With Withheld Adjudication?
If a potential employer runs a background check, it's possible that a withhold of adjudication will come up. You can say "no" if someone asks if you have been found guilty of a crime. However, if asked if you've been charged or tried for a crime, you must say "yes."
How Long Does Adjudication Withheld Stay on Record?
In Florida, adjudication withheld stays on your record indefinitely unless you take the necessary legal steps to have it sealed by court order.
Can Adjudication Withheld Be Used for Multiple Charges?
Adjudication withheld is typically granted per charge, as multiple charges can complicate eligibility.
Does Adjudication Withheld Affect My Ability to Vote?
If you successfully complete probation, your voting rights may be restored, but that is not guaranteed.
Is Adjudication Withheld Available for All Crimes?
No, certain serious crimes are ineligible for adjudication withheld.
How Does This Impact Professional Licensing?
Adjudication withheld may still affect your ability to obtain or maintain certain professional licenses.
If Adjudication is Withheld is That a Conviction?
No. It is only a conviction if a defendant is adjudicated guilty.
Can I Travel Internationally With an Adjudication Withheld Status?
It depends on the country’s specific immigration and visa policies.
Does Adjudication Withheld Show on Driving Record?
Yes. A withhold of adjudication will show on your driver's license in Florida, but it will show up as adjudication withheld and not a guilty conviction. Therefore, the offense does not give you points and will not increase your car insurance rate.
Does Adjudication Withheld Show Up on Background Checks?
Yes. Adjudication withheld will appear on a background check even though it's not considered a conviction in Florida. The only way to pass a background check is if arrest records are either sealed or expunged.
Can Adjudication Withheld Be Expunged in Florida?
Certain criminal offenses are eligible to be expunged, but this is a separate process entirely.
Can You Own a Gun With a Withhold of Adjudication?
Yes, typically a person can retain their right to own a firearm with a withhold of adjudication.
Contact Our Palm Beach Gardens Criminal Defense Lawyer
At the Law Offices of Matthew Konecky, P.A., we do everything in our power to make sure our client feel comfortable and are well taken care of. Whether that's just answering questions to help you understand processes or representing you in court, our Palm Beach Gardens criminal defense lawyer is dedicated to offering our client (or potential clients) the best representation in Florida.
To request a consultation with criminal attorney Matthew Konecky, click the button above to fill out our online contact form. For immediate assistance, give our office a call at 571-671-5995 now!
