Conditional Discharge Application
Prepare and argue for a conditional or absolute discharge to avoid a criminal record.
What is included
- Reviewing the facts, your background and the Crown's position
- Gathering letters, proof of work, counselling and other supporting material
- Reviewing a pre-sentence report or victim impact statement with you
- Preparing and making sentencing submissions, including for a discharge where it may be available
What is not included
- Indictable charges, or any charge outside the Law Society's permitted list, which are referred to a criminal defence lawyer
- Bail reviews and appeals heard in the Superior Court of Justice, which are referred to a lawyer
- Transcripts, professional reports and other disbursements
- Immigration or employment effects of a charge, which may need separate advice
- Related family, civil or other proceedings
Who this service is for
- Someone charged with a less serious summary conviction offence
- A person who wants help with a peace bond, diversion or discharge
- Someone seeking a record suspension (pardon)
- An accused person who needs someone at their first appearance
Information to have ready
- 1Character reference letters
- 2Proof of work, school, volunteering or counselling
- 3Any pre-sentence report you received
- 4Information about how a conviction could affect your work or immigration status
Frequently asked questions
How much does it cost?
The fee is $1,750 plus 13% HST ($1,977.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What is the difference between an absolute and a conditional discharge?
Both are a finding of guilt without a conviction. An absolute discharge has no conditions; a conditional discharge comes with probation conditions that must be completed.
How long does a discharge stay on record?
Under the Criminal Records Act, a discharge record generally should not be disclosed after one year for an absolute discharge or three years for a conditional discharge.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Limited to charges a licensed paralegal is permitted to handle; if the Crown proceeds by indictment, a lawyer is needed
- You must attend court when required and follow your release conditions
- A licensed paralegal may act only on the less serious summary conviction offences the Law Society of Ontario permits, in the Ontario Court of Justice; if the Crown proceeds by indictment, or a step is heard in the Superior Court of Justice, such as a bail review, the firm refers you to a criminal defence lawyer.
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