Conditional and Unconditional Discharge

Conditional and Unconditional Discharge

A discharge is one of the most favourable sentences in Canadian criminal law. It allows you to avoid a criminal record even after a guilty plea or verdict.

Unconditional Discharge

Takes effect immediately with no conditions. After one year, the record is automatically purged from the CPIC system.

Conditional Discharge

Comes with a probation period with conditions (keep the peace, community service, no contact orders, etc.). If all conditions are met, no conviction is recorded. The record is purged after three years.

Requirements

The judge must be satisfied that:

• The discharge is in the best interest of the accused
• The discharge is not contrary to the public interest

Eligible Offences

Available for offences with no mandatory minimum sentence and not punishable by 14 years or more. Includes: simple theft, simple assault, drug possession, mischief, etc.

Why an Experienced Lawyer Matters

A discharge is not automatic. Me Mahmoud has obtained numerous discharges for clients, allowing them to continue their lives without a criminal record.

Contact Mahmoud Avocats at 514-601-2404 to discuss the possibility of a discharge in your case.