Conditional Discharge in Ontario: Avoiding a Criminal Conviction

Absolute vs. Conditional Discharge

• Absolute discharge: You are found guilty but immediately discharged with no conditions. Your record is cleared after 1 year.
• Conditional discharge: You are found guilty and must complete a probation order (typically 1–3 years). If you comply, the conviction is not entered. Your record is cleared after 3 years from the discharge order.

Who Qualifies?

A discharge is available only when:

1. The offence does not carry a minimum sentence.
2. The offence is not punishable by 14 years or life imprisonment.
3. It is in the best interests of the accused.
4. It is not contrary to the public interest.

Common offences where discharges are granted: minor assault, theft under $5,000, mischief, simple possession (cannabis), fraud (small amounts).

Typical Probation Conditions

• Keep the peace and be of good behaviour.
• Report to a probation officer as directed.
• Community service hours (commonly 40–100 hours).
• Counselling or treatment programs.
• Non-contact orders (e.g., stay away from the victim).

Effect on Your Record

If you successfully complete probation, the criminal conviction is not entered. After the waiting period, the RCMP will remove the record from their systems. However:

• The court record of the finding of guilt remains visible in some provincial databases during the waiting period.
• U.S. border agencies may still have the record. A waiver may be required for U.S. entry.
• Failing probation can result in a conviction being entered.

How to Pursue a Discharge

Your legal representative must make submissions to the court explaining why a discharge serves your best interests and is not contrary to the public interest. Factors include: first offence, employment consequences, family responsibilities, degree of remorse, and steps taken to address the behaviour.