What is a discharge in Canadian criminal law?
Under Criminal Code s.730, a discharge means the court finds you guilty but does not enter a conviction. There are two types: an absolute discharge (effective immediately) and a conditional discharge (subject to a probation order). A discharge means you leave court without a criminal record for that offence.
What is the difference between an absolute and conditional discharge?
An absolute discharge takes effect immediately with no conditions and is removed from your record after 1 year. A conditional discharge requires you to complete a probation order (up to 3 years); if you comply, no conviction is registered, and it is removed from your record 3 years after completion. Breaching the probation can lead to being sentenced for the original offence.
Who is eligible for a discharge?
A discharge is available where the offence has no mandatory minimum penalty and is not punishable by 14 years or life imprisonment. The court must find that a discharge is in your best interests and not contrary to the public interest. First offenders facing minor charges are the most common candidates.
Does a discharge show up on a background check?
A discharge is not a conviction and should not appear as one. The RCMP retains records of absolute discharges for 1 year and conditional discharges for 3 years, after which they are purged. During that period a discharge may appear on some police checks, particularly vulnerable sector checks.