Adjudication Withheld: What It Means and How It Shows on Your Record

Adjudication withheld means the judge accepted a guilty or no contest plea, or a guilty verdict, but chose not to formally find you guilty, usually placing you on probation instead. If you finish probation, you aren't convicted under that state's law for most purposes. Florida is where the term is most common: a court can withhold adjudication and place a defendant on probation (Fla. Stat. § 948.01(2)). But it isn't a dismissal, and federal immigration law counts it as a conviction.

Outcome	Convicted under state law?	On your criminal record?	A conviction for immigration?
Adjudicated guilty	Yes	Yes	Yes
Adjudication withheld, probation completed	Generally no	Yes, the case and the withhold show	Yes, if there was a plea or a finding of guilt and some punishment or restraint
Pretrial diversion, charges dropped	No	The arrest and dropped charge may show	Usually no, if there was no plea or admission
Dismissed or found not guilty	No	The arrest and outcome may show	No

Other states have similar outcomes under other names, such as deferred adjudication. We checked Florida § 948.01 and the federal definition on November 7, 2026.

The immigration rule

For non-citizens, federal law defines a conviction to include a case where adjudication was withheld if two things happened: the person was found guilty, pleaded guilty or no contest, or admitted enough facts to support guilt; and the judge ordered some form of punishment, penalty or restraint on liberty, which includes probation (8 U.S.C. § 1101(a)(48)(A)). A withheld adjudication with probation fits that definition. If you aren't a U.S. citizen, talk to an immigration lawyer before you enter any plea.

What adjudication withheld means in daily life

Question	Usual answer
Do I have to say I was convicted on a job application?	Often no, if the form asks only about convictions, but read the question; some ask about pleas or arrests
Will it show on a background check?	Yes, unless the record is sealed
Can I seal the record?	Possibly. Florida and other states let some people with a withhold ask to seal, with limits on the offense and history
Can a later case treat it as a prior?	Sometimes. Some laws count withholds for repeat-offense penalties
Does it affect a professional license?	It can; licensing boards often ask about pleas, not just convictions

These are general patterns. The exact answer depends on the state, the offense and the form asking the question.

If probation goes badly

A withhold depends on finishing probation. If you violate it, the judge can revoke probation, adjudicate you guilty and sentence you as if there had been no withhold. Keep every condition in writing and ask your probation officer before any change, such as moving or traveling.

Questions to ask before accepting a plea with a withhold

1. Is this offense eligible for a withhold in my state, and will the judge agree to one?
2. Will I be able to seal the record later, and when?
3. How will it count if I'm ever charged again?
4. What does it mean for my job, license or professional certification?
5. If I'm not a citizen, what does an immigration lawyer say about the plea? See also case dismissed for how a dismissal differs.