Avoiding a Criminal Record Through a Discharge

Being found guilty of a criminal offence does not always result in a criminal record. In certain cases, the court may grant a discharge: the person is then deemed not to have been convicted.

Who can obtain a discharge?

A discharge is possible where the offence carries no minimum penalty and is not punishable by imprisonment for 14 years or for life. It is never automatic: the judge must be satisfied that it is in the best interests of the accused and not contrary to the public interest.

It may be absolute or conditional, for example on compliance with a probation order for a specified period.

Why avoid a criminal record?

It makes job hunting more difficult and may lead to dismissal if the offence is related to your duties.
It may restrict your travel abroad, particularly to the United States.
It may complicate insuring your home or vehicle, as well as renting housing.

Examples of eligible offences

Depending on the circumstances, a discharge may be considered for offences such as assault, uttering threats, criminal harassment, mischief, theft, possession of drugs or dangerous driving.

How your situation is presented to the judge is decisive. Your lawyer prepares the evidence showing that a discharge is warranted in your case. Depending on the file, an acquittal is sometimes possible.

Need a criminal law lawyer?

Every case is different. Our lawyers will analyze your situation and explain your options. In criminal matters, acting quickly often makes a difference.

Montréal area: 514 990-7884
Elsewhere in Quebec: 1 877 990-7884

Avoiding a Criminal Record Through a Discharge