When you plead guilty or are found guilty, you may be eligible for a discharge if the circumstances permit. This discharge can be with or without conditions.
If the discharge is conditional, the judge orders you to follow certain conditions. For example: he may order you not to use drugs except as prescribed by a doctor, not to contact the victim, not to be within 200 m of the victim, to perform community service, etc. You must comply with the conditions imposed for a certain period of time, failing which you can be charged with breach of conditions.
If the discharge is unconditional, no conditions will be imposed.
If you receive a discharge, you are not considered as having a criminal record. There will only be a temporary inscription in your criminal record that you have been found guilty. However, the Royal Canadian Mounted Police (RCMP) will automatically remove this inscription three years after the end of the probation order if you received a conditional discharge or after one year if you have received an absolute discharge.
In both cases, your file can only be communicated after these deadlines in special circumstances. For example: if you are charged with a criminal accusation again.
However, a discharge is not always an available sentence. This is because you are not eligible for a discharge if the Criminal Code provides for a minimum sentence for the offense for which you are convicted or if the offense is punishable by a sentence of fourteen years or more of imprisonment.
In sum, a discharge is possible other than for the most serious criminal offences. It should be noted that a discharge is not available for drunk driving offences, as there is a minimum fine provided by the Criminal Code.
Also, in order to receive a discharge, the judge must determine if it is in your best interest and not contrary to the public interest.
To find out if you can benefit from a discharge, call us!
To know other possible penalties click here.
