Does “Adjudication Withheld” Mean You Are Safe from Federal Charges?

By: John Guidry

Does the government even understand its own laws? Ask three different officials a question, and you’re likely to get three different answers. Even if you arrive at a reasonably correct answer, that law may completely conflict with another one.

We see this constantly with the clash between State and Federal laws. The federal government is not happy with certain aspects of Florida’s criminal justice system. Namely, they don’t like the fact that Florida permits citizens to admit to a crime—yet not be found “guilty” of it.

We call this a “Withhold of Adjudication.” It’s a legal lifeline that allows a judge to say, “I am not going to convict you of this felony.” But for years, the Feds ignored this. They treated a Florida withhold like a full-blown conviction, prosecuting people for things that weren’t technically crimes under state law.

The question is: If the State says you aren’t a convicted felon, can the Federal government say you are?

Confused about your rights after a plea deal?

Call John today at (407) 423-1117 for a free consultation. Let’s clear up your record.

The Legal Breakdown: Clarke v. United States

For decades, federal prosecutors relied on a case called United States v. Orellanes to argue that a Florida “withhold” was still a “conviction” for federal purposes. That meant if you had a withhold on a drug charge, and the Feds caught you with a gun, they could charge you as a Felon in Possession of a Firearm.

That finally changed with the case of Clarke v. United States, 184 So. 3d 1107 (Fla. 2016).

Here is how the legal battle played out:

• The Charge: Clarke was charged in federal court with possession of a firearm by a convicted felon.
• The Predicate: The “felony” the Feds used to charge him was a previous Florida case where Clarke pled guilty to possession of cocaine but received a withhold of adjudication.
• The Conflict: Clarke argued he wasn’t a convicted felon because the State of Florida never actually convicted him. The Federal prosecutors argued that under old case law (Orellanes), a guilty plea equals a conviction, regardless of what the state judge said.
• The Turnaround: In a rare moment of humility, the 11th Circuit Court of Appeals admitted their interpretation might be wrong and asked the Florida Supreme Court for a definitive ruling.

The Ruling: The Florida Supreme Court set the record straight. They ruled that a guilty plea with adjudication withheld does not constitute a conviction for purposes of Florida law.

Because of this ruling, the Federal Court had to back down. They accepted that if Florida doesn’t call it a conviction, the Feds generally can’t use it as a predicate for a “Felon in Possession” charge. Clarke’s federal charge was dismissed.

John’s Takeaways

This was a massive win for fairness, but don’t get too comfortable. The government still loves its exceptions. Here is what you need to know:

• Guns are (Mostly) Safe: If you received a withhold of adjudication on a felony, you generally are not prohibited from owning a firearm under Florida law or Federal law (thanks to Clarke).
• Sealing and Expunging: One of the biggest benefits of a withhold is that you may still be eligible to seal your record. A conviction ruins that chance forever.
• The “Sex Offender” Exception: Be careful. Even with a withhold of adjudication, you still must register as a sex offender under Florida Statute 943.0435 if the charge requires it. The withhold does not save you from the registry.
• Registration Rules: Similarly, under Florida Statute 775.13, you may still be required to register as a felon with the Sheriff’s office, even if adjudication was withheld. It makes no sense, but that’s the government for you.

Don’t Guess About Your Status

The difference between “Adjudicated Guilty” and “Adjudication Withheld” can change your entire life. It affects your right to vote, your right to bear arms, and your ability to get a job.

If you are facing charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a lawyer who fights for that withhold—and knows exactly what it protects you from.

Call me at (407) 423-1117. Let’s protect your future.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.