What is the difference between being adjudicated guilty and having adjudication withheld?

People frequently call my office asking whether they can get their criminal record sealed. One of the first questions I ask them is whether they have ever been adjudicated guilty of any criminal offense (as opposed to adjudication having been withheld), even for something like reckless driving or DUI. Many do not know the answer to this question.

The reason why this is so important is because Florida law does not permit someone to have her criminal record sealed if she has ever been adjudicated guilty of a criminal offense, even for traffic offenses such as DUI or reckless driving. See Florida statute section 943.059.

So, for example, if someone is trying to get her record for aggravated battery sealed but she was previously adjudicated guilty of reckless driving, then she is not eligible for a sealing. In fact, the Florida Department of Law Enforcement website states that “[c]ertain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.”