in Criminal Records, Pardon

Conditional Dsicharge and Absolute Discharge

When you go to court in Canada for a criminal offence you will either be found guilty or not guilty. This is the most basic description of the possible outcomes following an arrest. But in reality the various possibilities are more complicated than that. One of those possibilities is that you may receive a discharge. You can think of a discharge as being somewhere in between a guilty verdict and a non guilty verdict. It’s strange but true.

With a discharge the accused has been found guilty of the crime but – for various reasons – was not convicted of the crime.

What is the point of a discharge?

The conditional and absolute discharge exists because there are situation in which it is clear that the person who was arrested is guilty of the crime but where it would serve no public interest to convict the person and give them a criminal record.

There are many reasons this may be the case but generally the discharge is used for situations that are not terribly serious. Suppose, for instance, someone was arrested for possession of marijuana. Now imagine the accused was a single parent struggling to support their family and it was clear that a permanent criminal record would result in the loss of the person’s job. Since marijuana today is legal it is no longer a problem but prior to legalization good people were being given criminal records for no good reason whatsoever.

In a case like this the judge would have the option of giving a discharge since there would be no public interest in ruining the person’s life over such a trivial matter. Add to it the fact that the children would suffer as a result of the parent having a criminal record and it’s clear that there is no benefit to the state by saddling the person with a conviction.

The simplest was to think about a discharge verdict is that there are some cases (actually there are lots of cases) that go to court that aren’t terribly serious matters. Perhaps the accused simply made a mistake that was grossly out of character. If no one was hurt in the incident a discharge would be warranted.

Criminal Records Following a Discharge

The good thing about a conditional or absolute discharge is that the criminal record will be removed from CPIC automatically:

A conditional discharge will appear on a person’s federal criminal record for a period of 3 years.
An absolute discharge will appear on a person’s federal criminal record for a period of 1 year.

The record will stay starting from the date that it was ordered. Conditional discharges require that the offender meet certain requirements otherwise the discharge may be rescinded in favour of an actual conviction.

Today, discharges are purged automatically from the RCMP system after the required waiting period has expired. However, prior to July of 1992, offenders actually had to submit a purge request to the RCMP to have their discharge removed from their criminal record.

How to Purge the Record of a Discharge

If you received a discharge prior to July 1992, your discharge is still showing on CPIC and anyone performing a background check on you will see it (including US Customs and Border Protection). Remember that a discharge is still a guilty finding and you are likely to be refused entry to the United States and told to apply for a waiver if it is still on your record.

People who received discharges after 1992 are not totally in the clear, however. I have had numerous files cross my desk where a discharge was showing up on their criminal record.

The lesson is that you should never take anything for granted and always verify that your discharge was properly purged. One really good way of doing this is by having a set of fingerprints certified. This is the only sure way of knowing exactly what your criminal record contains.

Keep in mind that a discharge is not only held at the national level on CPIC. The arresting police and the courts also hold records of the arrest and court appearance. It is very important to apply to have these records destroyed (especially in Quebec where courts allow the general public to search their system) if you want to be sure to remove all traces of your past indiscretion and to prevent the discharge from showing up on local police indices checks.

I hope I have clarified the issue somewhat here but if anyone has any additional questions please feel free to get in touch with a counsellor at 1-866-242-2411.

Comments (50)

Latesha / May 31, 2016

Hi. 1999 charged and awntenxe one year but then was released after one week. Hone arrest Did months of. Probation. Was given 54,000 restution. It’s been 16 years no action taken. Can my parents godtw theor 2 bedroom apartment t I. Case of their death and state in will will my. Property be. Taken away. Let me know 6043745845

Michael Ashby / May 31, 2016

Hi Latesha,

I’m afraid I don’t understand what you’re asking me.

Michael

Jack / February 4, 2017

Hi if you have received a conditional discharge and it has been more than 3 years and has been purged can you travel to the United States and have it not come up in there search? And be admissible the discharge was for fraud under 5000
Thanks jack

Sarah / March 7, 2017

Hi, In 1980 conditional discharge for theft under 500.00 got a pardon – would that show up going across from Canada to US?

Mark / February 21, 2018

I had a conditional discharge in 1987 from a charge of possession of narcotics. I was recently stopped at US Customs in a Canadian Airport, and denied entry into the US. I have written to the arresting detachment to have my fingerprints destroyed, and have also submitted a form to the RCMP to have my record expunged. After these processes are completed, will I be admissible to the US? How can I check this? Thank you.

Michael Ashby / February 21, 2018

Hi Mark,

You will not be allowed back into the United States without a US entry waiver. Feel free to call me to discuss. I can be reached at the number below.

Kind regards,

Michael
514-842-2411 x 227

Natalie / March 9, 2018

Hi there! I was recently given an absolute discharge over marijuana possession. I have been ordered to do 50 hours of community service. I’m very thankful of this.
I am a little unclear of how it will effect any travelling I may like to do in the future. I have not attempted to travel yet and I do know that after one year my record will be purged. I will make sure it is purged appropriately. I also have no prior run-ins with the law. This is the only thing on my record.

I was just wondering- if the U.S. doesn’t have me on file, are they still able to access the purged documents after all is said and done? Or after a year/2 years will I be able to travel once again and truly live life? I am 21. Thank you so much! Have a wonderful day.

Tiffanie Lapointe-Samuel / March 12, 2018

Hello Natalie,

When your one year wait comes to an end, make sure to have your file expunged at the RCMP, the court and the police. They are the three institutions that can retain information about your arrest and trial. So, in order to avoid future problems with traveling or employment, make sure your information has been removed from their systems once your waiting period is over.

Make sure you avoid the USA for as long as your one year wait is not over. At this moment, the U.S. customs agents could see you got an absolute discharge and to them, it is ground for refusal. Once the information have been purged from the systems after your one year wait, they won’t be able to access it. But again, make sure it has been done properly.

Have a nice day,
Tiffanie
1-866-242-2411, ext. 226

Bahman / April 12, 2018

Hi there
Thanks much for the answer which helped me too. I almost have the same issue but how can I make sure all records in all 3 places RCMP, the court and the police have been already destroyed after a year? or who can help me to find out if they have been fully destroyed and if not to request to do this?

Thanks again,
Sam

Julien / March 31, 2018

Hello,
10 years ago, I was given an absolute discharge for shoplifting (under 1000$). One year later, I proceeded to destroy any record of the crime in Canada. 4 years ago I went to the US and when asked if i had been convicted of any crime, I naively said that I had been, but was absolved unconditionally and did not have any criminal record. They asked for me to bring back court papers the next time that I would come back to the US, and thay let me in after 30 minutes of questioning. I’m pretty sure that they never saw any criminal record since it was long gone in Canada. I went back last years and they asked my the same question to which I answer the same thing, and they let me go without any further questions. I am now in a situation where a potential US employer is asking me if I have committed any crime. Will anything come up when my potential employer does a background check on me? Is the flag on my name at the customs enough to get me in trouble or do they need an actual record?
Thank you very much and have a great day.

Tiffanie / April 3, 2018

Hello Julien,

Now that you came clear to the US Customs, they for sure made a note in the system about your previous incident. That explains why you have been questioned every time you have crossed the border since.

We do not know what kind of background checks US employers do. If they contact the US Customs, the employers could find out about your previous trouble with the law. Here in Canada, it is at the discretion of the company/employer to decide if they will hire the candidate anyway. I’m assuming the situation would be similar in the United States. No matter if you were convicted or not, if an employer finds out that you have had previous incidents with the law, they can take the decision to hire you or not.

Regards,
Tiffanie
1-866-242-2411, ext. 226

Keith / April 13, 2018

Hello,
Few months ago, I have been arrested and charged for obtaining sexual services by the police (contrary to section 286.1(1)). Luckily, I was given a chance to attend a sexual offender intervention program (aka. John school) as a opportunity to waive my charge. Then, I finished the course and eventually the charged was dismissed. For now ,I am just worried about the actual record being inside the RCMP system, I honestly regret what I have done. The police officer told me that after completing the course, the record will not show up in the criminal record check but there will be information about this stayed inside the internal system of the RCMP. What does that mean? Does it mean that its only a conditional discharge? I really need to know whether will this impact my record because I am a student who is pursuing a career as a medical practitioner, I am desperately needing some help here to fix this huge mistake that I have made in my life. Please help.

Michael Ashby / April 13, 2018

Hi Keith,

We offer a service for a purge and file destruction for just that purpose. You can give me a call if you are interested at the number below.

Michael
866-242-2411 x 227

I suggest you get a set of fingerprints certified. If you live in Montreal or Toronto you can come to us for that. If not there are other services available or your local police. If something shows up feel free to give me a call.

Emil / April 23, 2018

Hello, this year I am in the process of trying to get a Canadian citizenship. But around 2007 I have been charged with fighting, when I was 21. Spent 4 days in jail and 1 year probation. I completed my probation after that 1 year successfully but now 2018 I am worried that it still might be on record after, and that I will not get my citizenship, worst of all I do not want to explain to someone that I love if this gets out in public that I was in jail for something stupid I did when I was 21. I am pretty terrified! But is my charge still on record???

Michael Ashby / April 23, 2018

Hi There,

Yes the charge is still on your record. Feel free to contact me if you would like it taken care of.

Emil / November 20, 2018

I don’t think I gave you all the details. 2007 it was my first time getting I trouble for a domestic dispute. It was not very serious, I was just in jail for 4 days. And had to appear in front of a judge and got out, but had to complete 1 year probation. And did it successfully. Still not sure if it shows up on record. I thought it would be gone by now?…

Michael Ashby / November 21, 2018

Hi Emil,

The short answer is that it is still on record. You can give us a call if you would like to have it taken care of.

Michael
ext 227

I think I should of added more detail. I was in trouble for a domestic dispute and it was my first offence. This was many years ago. I did not get in trouble since and I did not injure anyone. Just had to complete probation for 1 year. I just need to get my citizenship, but still worried its on record.?

Gerome / June 18, 2018

I was handed down a conditional discharge and the three years have been completed. I am applying for a full-time teaching position with the University. Will this conditional discharge affect my employment prospects?

Michael Ashby / July 9, 2018

Hi Gerome,

It should not. You may however want to perform a fingerprint certification to make sure the information has been removed.

Claire / September 13, 2018

Hi there my husband git his conditional discharge last sept 29, 2015 and we are applying for permanent residency here in canada.he got his fingerprinting at Rcmp last august 28,2018.it showed a positive identification with an attachments of his charges and disposition which is a 24 months conditional discharge.his 3 years period will end on sept 29,2018 .is that right?and after sept.29 ,2018 do we need to apply it to remove his record or it will be automatically removed?if we apply by october 15,2018 for another fingerprinting do you think there will be no record anymore on his file?how long do we need to wait after it will be erase on his file?the immigration office requested this rcmp fingerprinting do we need to forward it to immigration even the result is still positive and with FPS number?or do we need to let the immigration wait for few weeks to get his record clear and get a new fingerprinting .thank you so much

Michael Ashby / September 14, 2018

Hi Claire,

The entry should be removed 3 years from the date of the sentence. You may choose to have local police record and court documents destroyed as well. This service is called a purge and file destruction.

If you have any other questions please let me know.

Hi CLaire,

CPIC should be cleared automatically. You may choose to make sure that has happened and also apply to have court and local police records destroyed. We would be happy to help with that if you wish. Simply apply for a pardon. The service fee will be the same but the government fees would no longer apply.

JayDee / October 17, 2018

Good day. Back in October 2014, I was charged and in March 2015, I had my charges resolved and received a conditional discharge, with my conditional discharge, I received a probationary period of 2 years, which ended in March 2017. As I understand it, a conditional discharge will stay on the persons CPIC for a period of 3 years. My question is, is that 3 year conditional discharge period the day of the sentence in March 2015 or after the probationary period in March 2017? So after March 2015 sentence, did the conditional discharge end in March 2018 or does it end after the completion of the probationary period, which ended in March 2017, which would mean the condition discharge would end in March 2020. Thanks

Michael Ashby / October 17, 2018

Hi JayDee,

It should be removed from CPIC 3 years from the conviction date. You can drop by one of our offices if you live nearby to get your fingerprints certified. That will tell you if the record has been removed or not.

Thanks, I will do that. I plan on crossing the border in March 2019. I should find this all out before my travels.

Emil / November 23, 2018

I was told it is purged automatically out of the system after 3 years. So I have no clue why you say I still have a record after so many years? Lol… It was also a first offence, so…

Michael Ashby / November 27, 2018

I’m sorry but I don’t understand what you’re referring to. But I can tell you that a first offence is irrelevant. Also what “someone” told you is irrelevant. Check to make sure things are cleared. Assume nothing.

Tyson / November 29, 2018

Hi. I had a criminal charge back in April of 2011 and the court case was resolved in August 2012. I had 1 charge for which when resolved received a conditional discharge with a 12 month probation with it. With that being said, I would’ve thought in August 2015, the conditional discharge would’ve automatically expunged from my cpic record as no conviction was registered. Today in November of 2018, I obtained a cpic done for my work profession and to my amazement, a record was showing for that charge that I was resolved then and it was showing as a suspended sentence. So that’s currently on my cpic record. How do I go about to fixing that? Do I contact the arresting police agency, do I contact the law firm that handled my case then? I’m not sure of what to do to start the process of fixing that error. Thank you.

Michael Ashby / December 3, 2018

Hi Tyson,

We would be happy to handle this for you and it would be considerably less expensive than a law firm. You can give me a call anytime to discuss or simply apply online (hint: apply for a pardon, the cost is the same but government filing fees will not apply).

mahmoud metwally / August 12, 2019

Hello,
I have a conditional discharge of criminal harassment and 3-year probation that would end in a month. I want to apply for purging it and US wavier. Should I start from now to solve it with you or do I have to finish my probation first? Also, how long it would take time for solving this problem? Thank you

Verdell Anderson / March 26, 2020

I was given a conditional discharge in 1988. I was actually a youth, and apparently they processed me as an adult? I have been working for bonded companies, ever since then. Even with the CTPAT program. Now I go to get a job at the hospital, and mysteriously I’ve been flagged? Thought my record was supposed to be cleared after three years? This is sheer madness, as far as I’m concerned. Cheers.

Michael Ashby / April 2, 2020

Hi Verdell,

My apologies for the delay. Things have been a bit hectic obviously.

You were charged prior to 1992 which means the record is not automatically destroyed. You may want to read the following post:

https://nationalpardon.org/conditional-absolute-discharge/

If I can be of any help please let me know.

Bobby / April 4, 2020

hi i was charged for criminal harassment but i got an absolute discharge. if i go get a record check will it show on level 1 or 2?

Warm Regards,
Bobby Singh

Michael Ashby / April 9, 2020

Hi Bobby,

I am not totally sure what you mean by level 1 and 2 so I can’t really answer that. Regarding whether or not it would show anywhere it depends on the date of the arrest. Prior to 1992 it would require several steps to make sure it was gone.

Greenn / April 8, 2020

Hi, I’m a Canadian citizen, and my one and only trouble with law was back in 1987, for shoplifting user $1000 which I was given a conditional discharge with few months probation. As soon as I was qualified to apply for pardon I had and some where between 1992-1994 I was give a full pardon. I don’t know the exact dates as I had destroyed all documents since I was totally ashamed if someone someday may see the details. I don’t and never had any trouble crossing USA border as I do have families to visit often. Recently my family have petitioned for me to get a green card. The petition is approved and part of the application processing is the question of “if ever arrested or convicted even though granted pardon”.
As Part of the civil documents to submit is Canadian Police Certificate which is finger print based and must be under Privacy Act Request”
Mine came clear with no findings of any crime. Apparently it’s been purged!
Now, my question is would the US know about my past and how it can affect my application and green card interview?
I’m very worried because if I answer truthfully yes it can lead to denial or need of a waiver which can be very lengthy, or if I answer no it could be perjury and life time ban to US.
I’m very worried and feel helpless, since I had to wait almost 6 years for my green card application approved and now could lead to denial.
Thank you

Hi Greenn,

I can’t advise you whether to tell the Amercians or not since I am not an immigration specialist. But I can tell you that if you applied for a pardon with only a conditional discharge on your record then you did not do the correct procedures. Depending on what kind of criminal record check you did the information may show up and may not.

A discharge is not a conviction. Therefore you should have applied for a Purge from the RCMP and a file destruction from police and courts.

I suggest consulting an immigration lawyer to answer the question about whether or not to disclose the information to the Americans.

Greenn / April 9, 2020

Thanks Michael for quick reply,
As my previous comment, I had to get my Canadian Police Certification last month and US Immigration requirement is the criminal record be requested under ‘Privacy Act” which I did and came out clean. Privacy Act allows all records on RCMP National Repository Holding to be disclosed ONLY on the request of the APPLICANT, due to privacy act of Canada.
Since, my finger print police certificate returned clear under “Privacy Act”, I’m only assuming that it’s been purged automatically. As I read all legitimate internet sources, all conditional discharged are purged automatically after 3 years. In that case not visible to any authorities perhaps.
I just wanted our opinion on this.
Thank you again.
Greenn

Ronny / May 3, 2020

Hi,

I currently have an absolute discharge that I received about 14 years ago when I was a kid. Therefore, I had no issues going to the U.S. or getting jobs. However, I was recently aware that the court still had a record of my offence and my guilty plea. I would like to know what are the procedures that I can take to completely remove this from all records and places just in case in the future I get a high position job?

Thanks

Anonymous / September 28, 2020

Hi, On may 13th I was physically assaulted by my sister’s boyfriend and I called the police but decided not to press charges for the sake of my relationship with my sister but I requested the officers to make him leave since he didn’t live on the premise but they declined since my sister wanted him to stay so they told me to leave my house instead, which I did. After advice from my girlfriend’s father I decided to call the police later to press charges but they told me the incident was classified as a consensual fight which is an outright lie because that is the situation he explained to the officers. 4 days later I return home and my sister intentionally provokes me and I verbally insulted her which he went to inform her boyfriend and he came out from the room and I immediately reacted to inform him not to approach me while I was making breakfast but he still attacked me and seriously injured my thumb (bite) I had to leave the premise but this time my girlfriend’s father called the police but they were taking some time so we were heading to the hospital when they arrived and cut us off on the road and proceeded to question my sister’s boyfriend at the house where he informed them that he made the call and I had assaulted him which was contrary to the truth and they arrested me and I spent a traumatic night in jail. Fast forward today I’m being offered a conditional discharge and I’m so conflicted on my future with accepting this “safer” route because of immigration and employment opportunities but I’m also afraid I would lose if I tried to fight this and honestly I cannot financially, mentally or emotionally fight it, I don’t know what to do please.
18-25 in age, Student visa, no criminal record ever in my life.

Michael Ashby / October 13, 2020

Hi Anon,

I cannot offer you legal advice. However if I were in the situation I would accept a discharge.

JAY / October 8, 2020

Good afternoon

I was given an absolute discharge on jan 2020 and I am wondering if it will show up on a criminal background check as a conviction for employment ?

I have read confusing and contrating statements on other legal websites in canada..

Thank you

Hi Jay,

It should be removed 1 year after the appearance in court.

ebenezer barffo / January 15, 2021

hello sir, i had a 2 years conditional discharge in 2020 February with a condition of no new arrest. i had to travel outside usa for my dad n sister’s funeral and also for my court wedding .upon arriving at the JFK airport, i was given an order to appear deferred inspection. my lawyer didnt tell me that i cant travel. if he did, i woudnt have travelled. im scared they might deport me. i have informed my lawyer about it tho.
what will possibly happen to me now at the deferred inspection?

Michael Ashby / January 19, 2021

Unofrtunately we are not permitted to comment on these matters. If you are deported you can come to us for assistance in completing the required paperwork to return. In the meantime speaking with your lawyer would be best.

Bob / February 25, 2021

I had a conditional discharge about 20 years ago. My police record is clear but require fingerprints. Should I be concern? Will my charges still show or have they been purged?

Michael Ashby / March 1, 2021

You should be fine. If you want to be certain you should have your fingeprrints certified. If no criminal history comes back you are good.

Moon Benzu / May 6, 2021

I was wondering I was issued a peacebond last year and it will be 1 year in may 28th, will I be able to travel to the united states with no problem since I don’t have a record? What are my options?

Michael Ashby / May 10, 2021

Hi Moon,

It dependso on the nature of the offence. Most likely yes, it will create difficulties.