Criminal Convictions and Immigration: A Florida Crimmigration Guide

November 13, 2026 · By Ahmad Yakzan

For noncitizens, a criminal case is never only a criminal case. A plea that seems minor in state court can affect a green card, a visa, a pending application or a future citizenship case. Lawyers call this overlap "crimmigration."

Why This Matters Right Now

Immigration enforcement is still a major national story. In the past week, news coverage reported that ICE is unlikely to scale back its crackdown and that the administration is moving forward with plans to turn warehouses into immigration detention centers. For anyone with a criminal history, this makes careful planning even more important.

How Immigration Law Defines a "Conviction"

Immigration law has its own definition of a conviction. It generally includes a formal finding of guilt. It also includes a guilty or no-contest plea when a judge orders some punishment or restraint, such as probation or a fine.

A Florida-specific point: "withhold of adjudication"

Florida judges often "withhold adjudication," which means the person is not formally convicted under state law. For immigration purposes, though, a withhold that follows a plea and probation is usually treated as a conviction. This surprises many people. Some pretrial diversion programs that don't require a plea may be treated differently, but the details matter.

Florida judges are also required to warn defendants that a plea may affect their immigration status. And the U.S. Supreme Court has held that criminal defense lawyers must tell noncitizen clients about the risk of deportation.

Categories of Offenses That Raise Concerns

Some of the main categories are:

• Aggravated felonies: Despite the name, this term covers more than serious felonies. It can include certain theft or violent offenses with a one-year sentence, even if the sentence is suspended.
• Crimes involving moral turpitude: Offenses involving fraud, dishonesty or intent to harm, such as many theft offenses.
• Controlled substance offenses: Most drug convictions, with a narrow exception for a single offense of possessing 30 grams or less of marijuana for personal use.
• Firearm and domestic violence offenses, including violations of certain protective orders.

The consequences can include:

• removal (deportation)
• being barred from getting a green card
• mandatory detention without a bond hearing
• delays or denials in naturalization

Under the Laken Riley Act of 2025, certain noncitizens may face mandatory detention after only being charged with or arrested for offenses such as theft or shoplifting. Our page on immigration bonds and mandatory detention explains how the detention rules work.

Practical Steps

• Before any plea, have both your criminal defense lawyer and an immigration attorney review the charge and the exact wording of the plea.
• Keep certified court records, including the final outcome of the case (the disposition) and sentencing documents.
• Don't travel abroad or file an immigration application until your record has been reviewed.
• Ask about post-conviction relief. If a conviction is vacated because of a legal defect, such as missing immigration advice, it may no longer count. A conviction erased only for rehabilitation usually still counts. Florida post-conviction motions have strict deadlines.

To read more about how these issues fit together, see our criminal convictions and immigration page.

Every Case Is Different

This article is general information, not legal advice. Whether an offense has immigration consequences depends on the exact law you were charged under, your court record, your sentence and your immigration history. Please talk with an attorney about your own situation.

If you or a loved one is not a U.S. citizen and is facing criminal charges or has a past conviction, schedule a consultation with Ahmad Yakzan at American Dream Law Office PLLC. Call (656) 236-0205 or schedule online.