What is the difference between adjudicated guilty and a withholding of adjudication?
When you enter a plea to an offense the judge can either adjudicate you guilty (if an adult), adjudicate you delinquent (if juvenile), or “withhold adjudication” of guilt or delinquency. Only charges that were either dropped or had a “withholding of adjudication” can be expunged or sealed. In Florida a defendant can be found guilty of an offense but not be “convicted” of it. When a judge “withholds” adjudication of guilt the defendant is not “convicted” although he or she is still “found guilty” of the offense. Being “found guilty” and being “adjudicated guilty/delinquent” are two separate things. Offenses that have adjudication “withheld” may be eligible for sealing. Offenses that were dropped or dismissed or nolle prosequi (nolle prossed) can be expunged. An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged.
Related Questions
- What is the difference between the Adjudication (Professional) Stream and the Adjudication (General) Stream and the Open Stream and what does it mean for my submission?
- What is the difference between being adjudicated guilty and having adjudication withheld?
- What is difference between deferred adjudication and probation?
