What You Need To Know About Absolute & Conditional Discharges In Canada

Hiring a criminal defence lawyer is the best way to get the most minimal penalty possible for the crimes you have been charged with. In Ontario, there are many different outcomes when you have been accused of a crime, including absolute and conditional discharges.

Both kinds of discharge mean you have been found guilty but have not received a conviction. It is a legal sentence but does not result in a criminal record (though some background checks may flag it) as no conviction has been received.

Keep reading now to learn more about discharges in Ontario law and the difference between an absolute discharge and a conditional discharge.

Absolute Discharges

An absolute discharge is the lowest possible sentence in Canadian law. Absolute discharge can be given when the accused is found guilty during a plea hearing or a criminal trial.

An absolute discharge may also be referred to as an unconditional discharge and is usually given because of the accused's personal circumstances. The judge may issue an absolute discharge because the crime does not warrant a criminal record.

Eligibility for an absolute discharge is conditional that the crime committed does not have a mandatory minimum punishment, nor is it punishable by 14 years or life imprisonment.

Conditional Discharges

A conditional discharge is an absolute discharge with a probation period. The period is a maximum of three years, but first-time offenders may receive a probation period of between 12 and 24 months.

During this probation period, the accused cannot be found guilty of any other crimes and must pay all fines and surcharges.

Discharges And Your Criminal Record

Though a discharge is a finding of guilt, it does not result in a criminal record. In fact, it is often given so that the accused does not get a criminal record for a minor crime. While it does not appear on most records, a discharge can be found by some vulnerable sector background checks.

An absolute discharge is only live for one year, and a conditional discharge is for three years. After this, you will still be able to see discharges on some background checks.

Discharges & Travelling

As a discharge means that you have been found guilty, it may affect your ability to travel. Different countries have different rules regarding findings of guilt, and as such, you need to check the requirements of your destination.

Generally, a discharge should not affect your ability to travel, but unfortunately, border patrol has their own jurisdiction whether they wish to deny entry or stop you for questioning. If you are concerned about travelling, you could speak with an immigration lawyer.

Charged With A Criminal Offence? Call What The Law Today!

Have you been charged with a criminal offence in Ontario? The team at What The Law is a dedicated group committed to making this process as straightforward as possible for you. Get in touch today to find out how we can help.