What does “adjudication withheld” really mean?
The term “adjudication withheld” can be confusing, but it’s important to understand, especially if you’re facing criminal charges. It essentially means the court is sentencing you without formally convicting you of a crime.
Adjudication withheld is a complicated area of the law with major consequences for individuals. One of the biggest areas it can affect is employment, as your criminal history—including adjudications withheld—can show up on background checks and impact your job prospects.
This article will give you a comprehensive overview of what adjudication withheld means, what the implications are, and how it differs from other possible legal outcomes, like a conviction.
What does it mean when adjudication is withheld?
When a judge “withholds adjudication” in a criminal case, it means they’re choosing not to formally convict the defendant of the crime, even though the defendant may have pleaded guilty or no contest. Instead, the court places the person on probation or imposes other conditions.
In Florida, the terms “withhold of adjudication” and “adjudication withheld” mean the same thing, so don’t let the wording confuse you.
How it works
Here’s how adjudication withheld generally works:
- The defendant pleads guilty or no contest to the charges.
- The court agrees to withhold a formal finding of guilt.
- The defendant is placed on probation, with specific terms and conditions they must meet.
If the person successfully completes probation, no further penalties are imposed, and the case is closed without a formal conviction on their record. However, if the person violates the terms of their probation, it can lead to a formal conviction and potentially harsher penalties than they would have received initially.
Adjudication Withheld vs. Conviction
Here’s the key difference: when a judge withholds adjudication, it’s not a conviction. However, the arrest and subsequent case still show up on your record. It’s there for anyone to see.
In the eyes of the law, “withholding adjudication” generally means that it doesn’t count as a formal conviction for most purposes. That being said, it’s important to remember that specific situations and laws may treat it as a conviction. It depends on the details.
It’s crucial to understand the difference between adjudication withheld and a conviction. Here are some common contexts where it matters:
- Employment applications: Many applications ask about convictions. Adjudication withheld may or may not require disclosure, depending on the specific wording.
- Firearm ownership: Federal and state laws regarding firearm ownership often consider convictions. The impact of adjudication withheld varies.
- Professional licensing: Many professional licenses (nursing, law, etc.) require disclosure of criminal history. Adjudication withheld can affect your eligibility.
Who is eligible for adjudication withheld?
Whether or not you’re eligible for adjudication withheld generally depends on the severity of the crime and whether you have a criminal record. Judges often withhold adjudication for people who are charged with a crime for the first time, or for less severe offenses.
However, adjudication withheld is not an option for some crimes, including:
- Capital felonies
- Life felonies
- Some first-degree felonies
- Domestic violence offenses (depending on the circumstances)
Keep in mind that Florida Statute 775.08435 was recently updated, which introduced additional restrictions. To get a clear picture of whether you might be eligible, you should speak with an attorney.
How “Adjudication Withheld” Affects Criminal Records and Background Checks
Even though a judge withholds adjudication, the original arrest and related court documents are still part of your criminal record. Unless sealed or expunged, an “adjudication withheld” notation will appear on background checks.
This can be confusing for potential employers. They might not understand the legal nuances and could misinterpret the situation. For job seekers, honesty is the best policy. It’s important to disclose the incident and explain the outcome clearly and concisely.
Whether or not you can seal or expunge a record where adjudication was withheld depends on the specific laws of your jurisdiction and the nature of the offense. Some crimes are never eligible for sealing or expungement, even with a withheld adjudication.
Before applying for jobs, it’s a good idea to get a copy of your own background check report. This allows you to see exactly what information will be visible to employers and prepare to address any concerns they might have.
Practical Considerations: Employment and Other Implications
Even when an adjudication is withheld, there can still be practical implications for your life. Here’s what to keep in mind:
Navigating the Hiring Process
When you’re applying for a job, honesty is the best policy. Err on the side of caution and disclose that an adjudication was withheld, especially in states without “ban the box” laws that prevent employers from asking about criminal history upfront. Explain the situation to potential employers clearly and directly.
Employer Considerations
Employers should understand the legal difference between a withheld adjudication and a conviction. When reviewing background checks, be sure to take all precautions to avoid misinterpreting the information.
Other Potential Consequences
- Impact on firearm ownership: A withhold doesn’t automatically disqualify someone from owning a firearm, but if probation was required, it might.
- Travel restrictions: You may face some travel restrictions, especially when traveling outside of Florida.
- Professional licensing: A withhold could affect your ability to obtain certain professional licenses.
What are the alternatives to adjudication withheld?
An adjudication withheld isn’t the only way to resolve a criminal case. Other options include:
- Nolle prosequi (Latin for “we shall no longer prosecute”), where the prosecution decides to drop the charges.
- Acquittal, where a judge or jury finds you not guilty.
- Dismissal, where the court dismisses the charges, often due to lack of evidence or procedural errors.
An acquittal or dismissal is often preferable to adjudication withheld because it leaves you without a criminal record.
Should I talk to a lawyer?
Absolutely. Talking to an experienced criminal defense attorney is the best way to protect yourself from making serious mistakes in a criminal proceeding. A lawyer can help you understand the pros and cons of adjudication withheld, explain the alternatives, and guide you through the complex legal process.
Frequently Asked Questions
Will adjudication withheld show up on a background check?
Yes, an adjudication withheld will generally appear on a background check. While it’s not a conviction, the record of the arrest and the case’s disposition (adjudication withheld) will still be visible. The extent to which it impacts the background check results depends on the specific requirements of the employer or organization.
Can I get a gun license with an adjudication withheld?
The ability to obtain a gun license with an adjudication withheld varies by jurisdiction. In many states, it could potentially disqualify you, especially if the underlying offense was a felony or involved domestic violence. It’s best to check with the specific regulations of the state in which you are applying.
What does adjudication withheld in Florida mean?
In Florida, adjudication withheld means that while you may have admitted guilt or been found guilty, the judge chose not to formally convict you. You might be placed on probation, required to complete community service, or fulfill other conditions. Successful completion of these conditions often leads to the case being closed without a formal conviction on your record.
Does “adjudicate” mean “guilty”?
Not necessarily. To adjudicate something means to make a formal judgment or decision about a matter. A judge can adjudicate a case in various ways, including finding someone guilty, not guilty, or withholding adjudication. Therefore, “adjudicate” doesn’t automatically equate to a finding of guilt.
Final Thoughts
So, what does “adjudication withheld” really mean? It signifies a situation where you’ve avoided a formal conviction but are still required to meet certain conditions set by the court. Think of it as a probationary period where you need to stay on the right track.
It’s crucial to understand the difference between adjudication withheld and an actual conviction, especially when it comes to background checks for jobs, housing, or other opportunities. While it’s not a conviction, it can still show up on your record and raise questions.
Given the complexities involved, it’s always best to consult with a qualified legal professional. An attorney can help you weigh the pros and cons of accepting a plea deal that includes adjudication withheld and assess how it might affect your future. They can guide you through the process and ensure you make informed decisions that protect your interests.