Conditional and Absolute Discharge Laws in Canada

What Ontario Offenders Should Know

If you’ve been charged with a criminal offence in Ontario, you may be eligible for a conditional or absolute discharge—two sentencing options that allow you to avoid a permanent criminal conviction. These discharges are most often granted to first-time or low-risk offenders and can significantly reduce the long-term impact of a criminal charge on your record, employment, and ability to travel.

At Affordable Defence, our Ottawa criminal defence lawyers help clients navigate the discharge process under the Criminal Code of Canada. This guide explains the key differences between conditional and absolute discharges, eligibility criteria, and what these outcomes mean for your future.

A conditional discharge is a type of sentence available under Canada’s Criminal Code that allows a person found guilty of a criminal offence to avoid a criminal conviction, provided they meet certain conditions. It falls under section 730 of the Criminal Code of Canada.

Unlike an absolute discharge, which is granted without any conditions, a conditional discharge comes with specific probationary terms. If those conditions are successfully met during the probation period (often 12–36 months), the discharge is completed, and the individual is not left with a criminal conviction.

It’s important to note that while you are found guilty, you are not convicted. This distinction can make a significant difference when it comes to employment, immigration, or travel.

An absolute discharge is the most lenient sentence available under Canadian criminal law. It allows an individual who has been found guilty of a criminal offence—either through a guilty plea or after trial—to be released without a conviction or probation. In other words, the court acknowledges the person committed the offence, but determines that imposing a criminal record is not in the public interest.

Under section 730 of the Criminal Code of Canada, an absolute discharge may be granted if the offence does not carry a mandatory minimum sentence and is not punishable by 14 years or more in prison. The discharge must also be consistent with the accused’s best interest and not contrary to societal interests.

Key Features of an Absolute Discharge

• No criminal conviction is registered
• No probation or court-imposed conditions follow sentencing
• The discharge is automatically removed from the national CPIC database after one year
• It appears as a non-conviction during police checks within that one-year period only

Although the discharge is “absolute,” courts may still consider upfront efforts like community service before granting it. In some cases, an accused may complete volunteer work before sentencing to show remorse and avoid formal probation, which might otherwise be ordered under a conditional discharge.

Who Qualifies for an Absolute Discharge?

Judges typically consider:

• The personal circumstances of the offender
• The minor nature of the offence
• Evidence of rehabilitation or low risk of re offending

Public interest in resolving the matter without further punishment

Conditional discharges are not available for all offences. They are typically granted when:

• The offence is less serious (usually summary conviction offences)
• There is no mandatory minimum sentence required by law
• It is in the best interest of the accused and not contrary to the public interest

Common charges that may result in a conditional discharge include:

• Minor theft (e.g., shoplifting)
• Simple assault (with no lasting injury)
• Mischief under $5,000
• Drug possession (first offence)

The judge considers various factors before granting a discharge, including your personal background, the circumstances of the offence, remorse, and the likelihood of reoffending. Your defence lawyer plays a critical role in advocating for a discharge by presenting a strong sentencing submission to the court.

The conditions attached to a conditional discharge are usually outlined in a probation order, which can last up to three years. Common probation terms may include:

• Keeping the peace and being of good behaviour
• Reporting to a probation officer
• Attending counselling or rehabilitation programs
• Avoiding contact with certain individuals or places
• Performing community service

If you breach the terms of your probation, the discharge can be revoked and replaced with a more severe sentence, including a conviction and criminal record. However, if you comply with the conditions throughout the probation period, the discharge will be completed and considered successfully fulfilled.

A conditional discharge does not result in a criminal conviction, but it will appear on your criminal record temporarily. Specifically:

• It is recorded in the Canadian Police Information Centre (CPIC) database
• The record remains for three years after the completion of the sentence
• After three years, the record is automatically removed, assuming no further offences occur

It’s worth noting that during this period, your discharge may still show up on certain types of background checks—particularly vulnerable sector checks required for working with children, seniors, or other sensitive groups.

For most general employment purposes, however, the discharge will not appear after the three-year period, and no application for a record suspension (pardon) is required.

Even though a conditional discharge can help you avoid a permanent criminal record, it should not be taken lightly. A discharge still involves a finding of guilt, and failure to meet the conditions of probation can have serious consequences. Additionally:

• You may face travel restrictions, particularly to the United States, even after your discharge
• Professional licensing bodies may still require disclosure
• A discharge can impact immigration status or applications for permanent residency

That’s why it’s critical to have an experienced criminal defence lawyer evaluate whether a discharge is in your best interest—and to ensure that all mitigating factors are presented clearly to the court.

It depends on both the country you’re visiting and the nature of your offence. In Canada, a conditional discharge means you were found guilty but not convicted of a criminal offence. While this avoids a formal criminal record domestically, international travel—especially to the United States—can still be impacted.

Travel to the United States

U.S. border officials treat any admission of guilt, including those tied to conditional discharges, as a potential ground for inadmissibility. Even though Canada does not consider a discharge a conviction, U.S. immigration law does not make the same distinction.

If your offence is classified as an “excludable offence” under U.S. law, you may be denied entry—even with a conditional discharge. These typically include crimes involving:

• Moral turpitude (e.g., theft, fraud, perjury)
• Crimes of violence
• Drug trafficking or serious drug possession

In contrast, individuals with conditional discharges for non-excludable offences are generally not prohibited from entering the U.S. These include:

• Impaired driving
• Mischief
• Common assault
• Assaulting a peace officer
• Failure to comply
• Trespassing
• Causing a disturbance

Even in these cases, disclosure is essential. Border officers have broad discretion and may still ask questions or request documentation. If you’re unsure how your discharge will be viewed, consult a lawyer before travelling.

Travel to Other Countries

Each country sets its own entry requirements. Many do not distinguish between a discharge and a conviction, while others may only ask about convictions specifically. For example:

• The UK and EU countries may be more lenient, depending on the offence
• Australia and New Zealand may require police certificates showing the discharge

Because policies change and are subject to interpretation by immigration officials, it’s wise to verify entry requirements in advance—especially if your discharge is recent or tied to a sensitive offence. If you’ve received a conditional discharge in Ontario and are planning international travel, speak with a criminal defence lawyer at Affordable Defence in Ottawa.

At Affordable Defence, we understand the impact that a criminal charge can have on your future. If you’re a first-time offender or facing a minor charge in Ontario, a conditional discharge may be an option worth pursuing.

Our Ottawa-based defence lawyers have successfully helped clients across Ontario obtain discharges and avoid criminal records. We’ll evaluate your case, explain your rights, and work to secure the best possible outcome.

Call Affordable Defence in Ottawa today for a free consultation. Your future matters—make sure it’s in the hands of a team that knows how to protect it.