Understanding Withheld Adjudication and Its Impact on Background Checks in Florida
A withhold of adjudication in Florida can feel like a legal gray area. While it allows individuals to avoid a formal conviction, it does not automatically erase the record of the charge. One of the biggest concerns people have after receiving a withhold of adjudication is whether it will show up on a background check. The short answer is yes, but it depends on the type of background check and whether steps have been taken to seal the record. Understanding how Florida law treats these cases is essential for anyone facing employment, housing, or licensing concerns after a criminal charge.
What Is a Withhold of Adjudication in Florida?
Under Florida Statutes § 948.01, a judge has the discretion to withhold adjudication of guilt in certain criminal cases. This means that although the defendant pleads guilty or no contest, the court does not formally convict them. Instead, the individual may be placed on probation or required to fulfill certain conditions, such as community service or counseling.
A withhold of adjudication is often granted for first-time offenders and lower-level offenses, including:
- Shoplifting (Petit Theft) – Florida Statutes § 812.014
- Drug Possession – Florida Statutes § 893.13
- Battery (First Offense) – Florida Statutes § 784.03
- Driving with a Suspended License – Florida Statutes § 322.34
While a withhold of adjudication helps avoid the long-term consequences of a conviction, it does not automatically remove the charge from public record. This means that even if adjudication was withheld, the charge itself may still appear on a background check.
How a Withhold of Adjudication Appears on Background Checks
The impact of a withhold of adjudication depends on who is conducting the background check and what type of check is being performed.
Standard Employment Background Checks
Most employers use third-party background check services that pull public records. If your case was not sealed, the report may show:
- The original charge
- The fact that you entered a plea
- That adjudication was withheld
However, some background check providers may not display the "withhold" status clearly, leading to misunderstandings by employers who assume the charge resulted in a conviction.
Level 2 Background Checks
For positions involving vulnerable populations, such as jobs in education, healthcare, and government, Florida requires Level 2 background checks under Florida Statutes § 435.04. These checks are more extensive and involve fingerprinting, allowing employers to see all criminal charges—even those with withheld adjudication.
State and Federal Criminal Databases
Withheld adjudications are not automatically removed from databases like:
- Florida Crime Information Center (FCIC)
- National Crime Information Center (NCIC)
Law enforcement, government agencies, and certain employers with legal access to these databases will be able to see the charge.
Professional Licensing Boards
Many Florida professional licensing boards, such as the Florida Board of Nursing or The Florida Bar, require applicants to disclose withheld adjudications. Failing to do so could lead to disqualification or license suspension.
Can a Withheld Adjudication Be Sealed or Expunged in Florida?
Under Florida Statutes § 943.059, a withheld adjudication may be eligible for record sealing, meaning the charge would no longer be visible to most employers and the public.
Eligibility for Sealing a Withhold of Adjudication
To qualify for record sealing, the charge must not be on the list of disqualifying offenses under Florida Statutes § 943.0584, which includes:
- Sexual offenses
- Violent felonies
- Human trafficking-related charges
If your record is sealed:
- The charge will not appear on most private background checks
- Employers and landlords will not be able to access it
- You can legally deny the arrest in most cases
However, sealed records can still be accessed by law enforcement, government agencies, and certain regulated industries (such as healthcare and child care).
When a Withhold of Adjudication Still Affects You
Even if adjudication was withheld, certain situations may still require disclosure:
Applying for Government Jobs
Positions in law enforcement, corrections, or any state agency may require applicants to disclose withheld adjudications, even if sealed.
Firearm Ownership Restrictions
Under Florida Statutes § 790.23, individuals who receive a withhold of adjudication for a felony may still be prohibited from owning firearms unless their rights are restored.
Immigration Consequences
For non-U.S. citizens, a withhold of adjudication does not prevent deportation or other immigration consequences, especially for drug-related offenses.
Out-of-State Background Checks
Some states do not recognize Florida’s process of withholding adjudication. If you apply for a job or professional license in another state, the charge may still be treated as a conviction.
Steps to Protect Your Record After a Withhold of Adjudication
If adjudication was withheld in your case, here are some important steps to take:
- Check Your Record – Obtain a copy of your background check to see what information is being reported.
- Seal Your Record if Eligible – If your charge qualifies, sealing your record can prevent it from being seen by most employers.
- Be Honest When Required – Certain applications require disclosure, and failing to answer truthfully can create bigger issues.
- Consult an Attorney – If you are unsure about how your record will appear or need assistance sealing it, legal guidance can help.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
Florida Withhold of Adjudication FAQs
Can employers see a withhold of adjudication in Florida?
Yes, unless the record has been sealed, most standard background checks will show the charge and indicate that adjudication was withheld. However, the details of how it appears may vary depending on the reporting service.
How long does a withhold of adjudication stay on my record in Florida?
A withhold of adjudication remains on your record permanently unless you take action to seal or expunge it. Sealing the record can prevent most employers from seeing it.
Does a withhold of adjudication count as a conviction in Florida?
No, a withhold of adjudication means you were not formally convicted. However, it can still have legal consequences in certain situations, such as professional licensing and firearm restrictions.
Can a withhold of adjudication prevent me from getting a job?
It depends on the employer and the job. While some employers may overlook a withheld adjudication, others—especially those conducting Level 2 background checks—may still consider it in hiring decisions.
Does a withhold of adjudication show up on an FBI background check?
Yes. A withhold of adjudication will still appear on federal databases like the National Crime Information Center (NCIC), which are accessible to law enforcement and certain government agencies.
Can I legally deny a charge if adjudication was withheld?
If your record is sealed, Florida law allows you to legally deny the arrest and charge in most situations. However, some exceptions apply, such as government employment and professional licensing applications.
Will a withhold of adjudication affect my ability to own a gun in Florida?
If the withhold was for a felony, you may lose your firearm rights under Florida Statutes § 790.23. A successful rights restoration process would be required before legally owning a gun again.
Can I expunge a withhold of adjudication in Florida?
No. A withheld adjudication can be sealed, but it cannot be expunged unless the charges were dismissed. Sealing removes it from public view but does not erase it completely.
How do I know if my charge is eligible for record sealing in Florida?
Eligibility depends on the charge itself and whether you have had any prior convictions. Florida law only allows one record sealing per lifetime, so it’s important to use it wisely.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.