Withhold of Adjudication in Florida and Sex Offender Registry

A Withheld Adjudication Still Requires Sex Offender Registration in Florida

People facing sex offense charges in Florida often hope a plea deal with a “withhold of adjudication” will free them from the lifelong burden of the state’s sex offender registry. This hope, while understandable, is a dangerous misconception that can lead to severe legal consequences down the road.

At The Brancato Law Firm, P.A., we frequently encounter this misunderstanding and clarify the full, long-term ramifications of any plea agreement for our clients before they make a critical decision.

The Harsh Reality: Florida Law is Clear About the Sex Offender Registry for Withheld Adjudication

The belief that a withhold of adjudication on a sex offense allows you to avoid sex offender registration is simply wrong. Florida law is explicit on this point. Florida law considers a plea of guilty or no contest—even when the court withholds formal adjudication of guilt—a “conviction” for the specific purpose of sex offender registration.

This critical distinction was highlighted in the Florida Fifth District Court of Appeal case of Price v. State, 43 So. 3d 854 (Fla. 5th DCA 2010). In this case, Peter Price entered a no contest plea to lewd and lascivious assault, and the judge withheld adjudication. Years after completing his probation, authorities arrested Price for failing to register as a sex offender. The court dismissed his argument that he was never formally “convicted.” The court affirmed that under Florida law, specifically § 943.0435, Florida Statutes (both the 1999 and 2008 versions relevant to the case), Price’s plea and the resulting sanctions met the criteria for a conviction requiring registration. He had no lawful excuse for his failure to register.

Federal Courts Agree: Sex Offender Registry is still Required for Withheld Adjudication

Federal courts have also upheld that a Florida withhold of adjudication can trigger federal sex offender registration requirements under the Sex Offender Registration and Notification Act (SORNA).

In United States v. Bridges, 901 F. Supp. 2d 677 (W.D. Va. 2012), William Bridges faced federal charges under SORNA for failing to register after moving out of Florida. His predicate offense in Florida was an attempted sexual battery charge where he entered a no contest plea and received a withhold of adjudication, along with probation. Dismissing Bridges’ argument, the Federal Court ruled that his withheld adjudication still counted as a “conviction” for SORNA purposes.

Understand the True Consequences of a Withheld Adjudication and the Sex Offender Registry

Prosecutors may present a withhold of adjudication as an attractive option, perhaps emphasizing that it avoids a formal “conviction” for some purposes. However, they may not fully explain that for sex offenses, this distinction does not exempt you from the rigorous and often lifelong requirement of sex offender registration.

Here’s what you must understand about a withhold of adjudication in the context of a Florida sex offense plea:

• Florida Law Defines “Convicted” Broadly for Registration: For the specific purposes of sex offender registration under § 943.0435, Florida Statutes, Florida law defines a determination of guilt resulting from a guilty or no contest plea as a “conviction,” regardless of whether adjudication is withheld.
• Registration Applies Regardless of Prison Time: Whether you receive probation, jail time, or prison time, if your plea to a qualifying sex offense results in a withhold of adjudication, you will likely still be required to register.
• Getting Off the Registry is Extremely Difficult: Once the law requires your registration as a sex offender, you face a removal process that involves complex, lengthy steps and demands strict eligibility, making it rarely possible.
• Laws Can (and Do) Change: Sex offender registration laws and requirements in Florida and at the federal level have changed over time, generally becoming more stringent. What might have been true years ago may not be true today.

Ask the Crucial Questions Before Pleading

If a prosecutor offers you a plea deal involving a withhold of adjudication for a Florida sex offense charge, ask your attorney pointed questions about the long-term consequences, especially sex offender registration. Do not assume that a withhold of adjudication is a “get out of registration free” card.

Key questions to discuss with your defense attorney include:

• Will this specific plea agreement and the resulting disposition trigger mandatory sex offender registration requirements under Florida law?
• Will this plea require me to register under federal law (SORNA)?
• How will being a registered sex offender impact my ability to live, work, volunteer, or even visit certain locations, including places where children are present?
• Could this plea lead to me being classified as a sexual predator, which carries even more severe restrictions and public notification requirements?

We Provide the Full Picture

At The Brancato Law Firm, P.A., we understand the devastating and far-reaching consequences of sex offense convictions and the complexities of registration laws. We go beyond simply evaluating the immediate terms of a plea offer. We meticulously analyze the potential long-term impact on your life, including the absolute certainty of sex offender registration if the plea involves a qualifying offense, even with a withhold of adjudication.

Rocky Brancato, founding attorney and former member of Tampa’s elite sex crimes unit, draws on decades of experience to deeply understand how prosecutors handle sex crime cases and the critical details that shape your future. Our firm has successfully handled complex and sensitive sex crime cases throughout Hillsborough, Pinellas, Pasco, and surrounding counties.

Make an Informed Decision About Your Future

A plea deal with a withhold of adjudication on a sex offense is not a shield against the sex offender registry in Florida. Entering such a plea without fully understanding this fact can lead to significant legal problems and severely impact your life for years to come. Before you hire a sex offense attorney, read Rocky’s Book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available for purchase on Amazon or for free download on our site.

Before you agree to any plea offer, especially one involving a withhold of adjudication for a sex offense, let The Brancato Law Firm, P.A. review your case. We will provide you with an honest and comprehensive assessment of the potential outcomes, explain the certainties regarding sex offender registration, protect your rights, and fight to achieve the best possible resolution that safeguards your future.

Contact The Brancato Law Firm, P.A. today at 813-727-7159 for a confidential consultation. Your future depends on making an informed decision.