What is a Conditional Discharge?

Avi Baratz
(416) 937-3777 avi@baratzlaw.com

In Canada, being charged with a criminal offence can have serious and long-lasting consequences, but not every conviction results in a permanent criminal record. One option available in some cases is a conditional discharge, which offers an alternative to a more traditional sentencing and allows individuals to avoid a criminal record under certain conditions.

A conditional discharge is a sentence in which an individual is found guilty of an offence but is not convicted. Instead of imposing a jail sentence or fine, the court orders the individual to comply with specific conditions for a set period of time. If the individual successfully meets these conditions, the discharge becomes absolute, and they do not receive a criminal record. However, if the individual fails to meet the conditions, they could be brought back to court and face a conviction for the original offence.

How Does a Conditional Discharge Work?

When a person is granted a conditional discharge, they are usually placed under a probation order, which may include several requirements, such as:

• Keeping the peace and being of good behavior
• Reporting to a probation officer regularly
• Abstaining from alcohol or drugs if related to the offence
• Attending counseling or rehabilitation programs
• Staying away from certain individuals or locations

The conditions set by the court typically last for a period ranging from six months to three years. If the individual completes their probationary period without breaching any conditions, the discharge becomes absolute, and the offence is not recorded as a conviction. This can be a crucial outcome for individuals seeking to avoid the negative impacts of a criminal record, especially when it comes to employment, travel, and reputation.

Who is Eligible for a Conditional Discharge?

Not everyone charged with a crime is eligible for a conditional discharge. The Criminal Code of Canada outlines specific criteria that must be met before a judge can grant this type of sentence. These include:

• The offence must not carry a minimum sentence under the law (such as some serious offences like impaired driving causing bodily harm or sexual assault).
• The judge must believe that a conditional discharge is in the best interests of the accused and not contrary to the public interest.

Offences that are less severe, such as theft under $5,000, simple assault, or minor drug possession, are more likely to result in a conditional discharge. The court takes into account factors such as the nature of the crime, the background of the accused, their likelihood of reoffending, and their need for rehabilitation.

What Are the Benefits of a Conditional Discharge?

The primary benefit of receiving a conditional discharge is avoiding a criminal record. A criminal record can have far-reaching consequences on a person’s life, including barriers to employment, travel restrictions, and social stigma. A conditional discharge allows individuals to move forward with their lives without the burden of a permanent conviction.

Additionally, once a conditional discharge becomes absolute, it is removed from a person’s record after a period of three years. This means that after the waiting period, the individual does not need to disclose their offence to most employers or on travel documents.

The Importance of Legal Representation

While a conditional discharge can be a favorable outcome, it is not automatically granted. It requires careful legal argument and consideration of various factors by the court. Having an experienced criminal defence lawyer on your side is crucial to making the case for a conditional discharge.

If you or a loved one are facing criminal charges and want to explore the possibility of obtaining a conditional discharge, it is important to seek expert legal advice. Avi Baratz is a highly skilled criminal defence lawyer with extensive experience in helping clients navigate the criminal justice system. Contact Avi Baratz today for a consultation to discuss your case and understand your legal options.