What does a “withhold of adjudication” mean in criminal court?
Tuesday, September 18th, 2007
I am often asked when I assist clients in criminal court, “what does a ‘withhold of adjudication’ mean”. I generally take that to mean, “what does that term mean for me?” If you want a definition, it is generally taken to mean that the court presiding over the criminal case is not going to judge the person and therefore will not convict them unless they violate certain conditions, generally those of probation that are assessed. What it would mean to you is that the court has not made you a “convict” or “felon” if your charge was a felony. A felony conviction carries with it several consequences that can not always be predicted.
One of the most major consequences is the loss of ones right to vote and possess a firearm and forced registration with law enforcement as a felon. But for many of my clients they have found they are no longer eligible for certain state benefits, they may risk losing their children, they lose their job or can not gain employment. For some, a conviction for a misdemeanor can have some of the same consequences. For example, a conviction for a domestic battery precludes you from certain lines of work and prohibits your possession of a firearm, critical for employment with law enforcement.
A withhold of adjudication by the court can sometimes alleviate some of these possibilities. When you are applying for jobs and you are directly asked have you ever been “convicted” of an offense, you are able to say “no.” (Of course, if you are asked have you ever had a withhold or been arrested or charged in court, you may have to respond “yes.”) A withhold also tends not to interfere with benefits and may possibly be sealed from your record.
One note, however, is that a withhold will not necessarily keep you from being deported if you are not a US citizen. If you are not a US citizen, it is imperative that you seek proper guidance from an attorney with extensive, recent immigration experience. In these times, immigration law is ever changing.