Understanding Florida’s Expungement Laws and Withhold of Adjudication

Being charged with a crime in Florida can have lasting effects, even if you were not formally convicted. Many people who receive a withhold of adjudication believe they can erase their record entirely, but the process is not always that simple. Florida law has strict rules on what can be sealed or expunged, and understanding these laws is critical when seeking to clear your record.

What Does a Withhold of Adjudication Mean in Florida?

A withhold of adjudication means that a judge has decided not to formally convict you of a crime, even though you pleaded guilty or no contest, or were found guilty in some cases. Under Florida Statutes § 948.01, this allows a person to avoid the formal designation of a conviction while still being sentenced to probation or other conditions.

A withhold of adjudication can be beneficial because:

  • You avoid a formal conviction, which could carry harsher penalties.
  • You retain certain civil rights, such as firearm ownership (except in felony cases).
  • You may still be eligible for record sealing in some situations.

However, while a withhold keeps a conviction off your record, it does not automatically erase it from public view. The charge will still appear in background checks unless it is sealed or expunged under Florida law.

Can You Expunge a Record If You Received a Withhold of Adjudication?

Expungement and record sealing are two different legal processes in Florida, and it is essential to know the distinction.

Expungement vs. Sealing Under Florida Law

  • Expungement (Florida Statutes § 943.0585): Completely removes a criminal record from public access, meaning even law enforcement agencies cannot see it without a court order.
  • Sealing (Florida Statutes § 943.059): Restricts public access to the record, but certain government agencies can still view it.

If you received a withhold of adjudication, you may be eligible to seal your record depending on the charge. However, not all offenses qualify.

Offenses That Cannot Be Sealed or Expunged in Florida

Even if a court withholds adjudication, certain offenses cannot be sealed or expunged under Florida Statutes § 943.059. These include:

  • Violent crimes (e.g., aggravated assault, aggravated battery).
  • Sex crimes (e.g., sexual battery, child pornography).
  • Drug trafficking and other serious drug-related offenses.
  • Crimes involving minors (e.g., child abuse, lewd and lascivious offenses).

A full list of disqualifying offenses is outlined in Florida Statutes § 943.0584. If your charge is on this list, you cannot seal or expunge your record, even if you received a withhold of adjudication.

Offenses That May Be Sealed in Florida

If your charge is not on the list of disqualifying offenses, and you received a withhold of adjudication, you may be eligible to seal your record. Some common charges that may qualify include:

  • Petit theft (shoplifting)
  • Misdemeanor drug possession
  • Trespassing
  • Disorderly conduct
  • Prostitution-related offenses

Once a record is sealed for 10 years, you may be able to expunge it if you meet all legal requirements.

The Process of Sealing or Expunging a Record in Florida

If you are eligible, the process to seal or expunge your record follows these steps:

Step 1: Apply for a Certificate of Eligibility

  • You must submit an application to the Florida Department of Law Enforcement (FDLE).
  • This requires fingerprints, a certified copy of your case disposition, and a processing fee.

Step 2: File a Petition with the Court

  • Once you receive your Certificate of Eligibility, you must file a petition in the court where your case was handled.
  • A hearing may be required if the prosecution objects to your request.

Step 3: Court Decision

  • If the court approves your petition, your record will be sealed or expunged depending on the request.

How a Withhold of Adjudication Affects Background Checks

Even though a withhold of adjudication is not a conviction, it still appears on background checks unless it is sealed or expunged. Here’s how it can affect different areas of your life:

Employment

  • Many employers conduct background checks that show charges, even if adjudication was withheld.
  • A sealed record means private employers cannot see the charge, but certain government jobs may still access it.

Professional Licenses

  • Certain licensing boards require disclosure of withholds.
  • Fields such as nursing, law, and real estate may still review sealed records.

Housing and Renting

  • Landlords may deny applications based on visible criminal records.
  • Expungement completely removes the record from public view, making it easier to pass background checks.

Common Misconceptions About Withhold of Adjudication

"A withhold means my record is automatically cleared."

False. The charge will still appear in background checks unless it is sealed or expunged.

"I don’t need to disclose a sealed record."

False. Certain government jobs and professional licenses still require disclosure.

"I can seal multiple records if I have more than one case."

False. Florida allows only one criminal record to be sealed in a lifetime, unless the cases are directly related.

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 Clearing of Criminal Records FAQs

What is the difference between record sealing and expungement in Florida?
Sealing a record makes it inaccessible to the public but still available to certain government agencies. Expungement removes the record entirely, meaning even most law enforcement agencies cannot see it without a court order.

Can I expunge my record if I received a withhold of adjudication for a felony?
Most felony charges cannot be expunged, but you may be eligible to seal your record if the offense is not on Florida’s list of disqualifying offenses.

Does a sealed or expunged record show up on a background check?
Once a record is sealed, it is not visible in most background checks. However, certain government employers and licensing agencies can still access sealed records. Expunged records are completely erased from public access.

Can I seal multiple records in Florida?
No. Florida law allows only one criminal record to be sealed in a lifetime unless the charges are related.

Do I have to disclose a sealed or expunged record on a job application?
For most private employers, you do not have to disclose a sealed or expunged record. However, government agencies and professional licensing boards may still require disclosure.

How long does it take to seal or expunge a record in Florida?
The process typically takes 6 to 12 months, depending on how quickly the FDLE processes the Certificate of Eligibility and how soon the court schedules a hearing.

What happens if my sealing or expungement request is denied?
If your request is denied, it may be due to ineligibility or prosecutorial objections. You may be able to reapply or appeal depending on the reason for denial.

If my case was dismissed, do I still need to seal or expunge my record?
Yes. Even if charges were dropped or dismissed, the arrest record still exists and will show up on background checks unless expunged.

Can I own a gun if I received a withhold of adjudication?
For misdemeanors, a withhold of adjudication does not affect firearm rights. However, for felonies, you lose firearm rights and must petition for restoration.

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.