Will a Diversion or Withhold Keep Points Off My Record in Florida?

When a driver is arrested or cited for a traffic offense in Florida, one of the first questions they ask is whether the case will result in points on their driving record. The Florida point system is strict, and too many points can quickly lead to a suspension. Many defendants look for alternatives such as a diversion program or withholding adjudication. Understanding how these options work, how they interact with Florida statutes, and what impact they have on both driving records and criminal records is critical.

Understanding Florida’s Point System

Florida uses a point system to track traffic violations. Each offense carries a set number of points, and those points remain on the record for years. Accumulating too many points leads to a license suspension:

• 12 points in 12 months = 30-day suspension
• 18 points in 18 months = 3-month suspension
• 24 points in 36 months = 1-year suspension

Drivers often ask how many points they can accumulate before losing driving privileges. The answer depends on the timing of offenses. A reckless driving conviction, for example, adds 4 points, while leaving the scene of a crash adds 6.

Diversion Programs Explained

A diversion program is an alternative resolution created by the Florida Legislature and offered through the state attorney’s office. Instead of moving forward with a traditional criminal proceeding, a defendant may qualify to enter a program. Common eligibility requirements include no prior conviction for similar offenses, a willingness to complete community service, and participation in classes designed to change future behavior.

Programs vary by county but usually include traffic safety courses, counseling, or community service. If the defendant completes all terms successfully, the state attorney may drop the criminal charges. For driving-related cases, this outcome can prevent points suspension and protect driving privileges.

Withholding Adjudication in Florida

Withholding adjudication is different from diversion. Here, the judge accepts a plea but does not formally adjudicate the defendant guilty. Florida law recognizes this as a tool to reduce the long-term consequences of certain types of convictions. When adjudication is withheld, no formal conviction is entered, which means the person may later seek to have the record sealed if all eligibility requirements are met.

The Florida Supreme Court has ruled that withholding adjudication is not a conviction under certain statutes, although federal law may treat it differently. This creates a divide between state outcomes and collateral federal consequences such as firearm possession or immigration cases.

Impact on Driving Record and Points

The central question is will a diversion or withhold keep points off my record in Florida. The answer depends on the type of offense. If a defendant successfully completed a diversion program, the criminal case is often dismissed, and no points are assessed on the Florida driving record. When a judge orders a withholding adjudication, points are generally not applied unless the statute mandates adjudication, as in DUI cases.

For traffic violations, the key is whether the court adjudicates guilt. If adjudicated guilty, points apply under the Florida statute. If adjudication is withheld, points are usually avoided.

Felony vs Misdemeanor Cases

Not all cases involving driving are simple traffic violations. A felony case, such as vehicular homicide or leaving the scene of a serious injury crash, may be classified as a third degree felony or higher. Diversion is rarely offered in a felony case, though a defendant may negotiate for a probation sentence with the state attorney. A misdemeanor like reckless driving, however, is more likely to be resolved with adjudication withheld or through a program.

Certain types of offenses, such as DUI, carry mandatory adjudication under Florida statute. In those cases, neither diversion nor withhold is an option.

Criminal Record and Collateral Consequences

A criminal history record is affected differently than a driving record. A withhold still shows an arrest, even if the person was not adjudicated guilty. Employers reviewing a job application may see the record unless it is sealed. A diversion program dismissal may make the defendant eligible to have the record sealed immediately after successful completion.

Civil rights may also be affected. A felony conviction results in loss of firearm rights and voting rights. Because withholding adjudication avoids a formal felony conviction, some civil rights remain intact under Florida law, though federal law may not recognize the same distinction.

Role of the Judge and State Attorney

The state attorney decides whether to offer a diversion program, often based on the defendant’s prior conviction record and the seriousness of the crime. The judge determines whether to accept a plea and can withhold adjudication in certain cases. In a criminal proceeding, the prosecutor must agree to diversion, while the judge makes the final decision on adjudication.

A jury trial is always available, but many defendants seek these alternatives to avoid conviction and protect their driver’s license.

Successful Completion of a Program

For a diversion program to resolve a case, the defendant must complete all requirements. These may include community service hours, restitution, counseling, or driving courses. Once the defendant completes all conditions, the charges are dropped. If not, the prosecution resumes, and the court may proceed to sentencing.

Successful completion of a diversion program is the most reliable way to avoid points suspension and protect driving privileges in Florida.

Suspension and Hardship License

Drivers who accumulate too many points often face suspension. A hardship license may be available for business purposes if the driver attends a driver improvement program. The length of time a suspension stays on the record depends on the violation, but even after reinstatement, the history remains visible for years.

Record Sealing and Expungement

A record sealed after a withhold or diversion dismissal means the public cannot view it. Law enforcement and the court system will still have access. Sealing is available if the defendant was not adjudicated guilty and meets the eligibility requirements set by the Florida Legislature. Once sealed, the record may not need to be disclosed on most job applications.

Adjudication Withheld and Job Applications

Many people worry whether adjudication withheld must be disclosed on a job application. The answer depends on the wording. If asked about convictions, a person with a withhold is not convicted. But if the application asks about arrests or criminal charges, the answer is yes unless the record is sealed.

This is why understanding the distinction between conviction, adjudication, and record sealing is so important.

Florida Statutes and Sentencing Guidelines

Florida statutes govern which offenses qualify for diversion and which require adjudication. Sentencing guidelines outline what penalties a judge may impose if adjudicated guilty. In some felony cases, the guidelines require prison even if adjudication is withheld. Each particular case depends on statute, prosecutor decisions, and the judge’s ruling.

Practical FAQs

How to remove points from driving record in Florida?

Points cannot be removed once assessed. The only way to avoid points is through a diversion program, withholding adjudication, or electing traffic school before adjudication.

Does adjudication withheld show on driving record in Florida?

In most traffic cases, if adjudication is withheld, points are not assessed. The court record may still show the case unless sealed.

How long do points stay on your driving record in Florida?

Points remain on the driving record for at least 3 years, though some serious offenses stay longer.

How long does it take for a suspension to come off your record in Florida?

Once a suspension period is served, the license may be reinstated, but the suspension stays on record for 7 years in most cases.

Why Legal Guidance Matters

Whether a person is arrested for DUI, cited for reckless driving, or charged with a felony case involving a motor vehicle, the outcome of adjudication affects more than just a driver’s license. It can impact employment, civil rights, and criminal history. A lawyer can analyze the statute, negotiate with the state attorney, and argue for diversion or a withhold when eligible.

Free Consultation

If you are facing traffic violations or criminal charges in Florida, protecting your driving privileges and record is essential. Our team can review your criminal case, explain eligibility requirements, and pursue the best outcome for your particular case. Call today for a free consultation.