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Conditional and Absolute Discharge

Absolute and Conditional 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.

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 discharged is used for situations that are not terribly serious. Suppose, for instance, someone was arrested for possession of marijuana but after an examination of the facts is turned out that the marijuana did not belong to the accused and the person has almost no contact with the illegal substance in their regular lives. 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.

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.

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

  • 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.

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.

 

About Michael Ashby

Michael Ashby is Co-Founder and Communications Director for the National Pardon Centre. Get in touch with Michael by sending an email to mashby@nationalpardon.org or calling extension 227.Michael Ashby est le co-fondateur et le directeur des communications au Centre du Pardon national. Contactez Michael par email au mashby@nationalpardon.org ou par téléphone au poste 227.

25 Comments

  • Latesha says:

    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

  • Jack says:

    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 says:

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

  • […] this reason, many people don’t know whether or not they need  a pardon, like in the case of a conditional and absolute discharge, and many others don’t know if they’re even eligible for a pardon, such as in the case of […]

  • Mark says:

    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 says:

      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 says:

    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.

    • 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 says:

        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 says:

    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 says:

      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 says:

    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 says:

      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.

      Kind regards,

      Michael
      866-242-2411 x 227

    • Michael Ashby says:

      Hi Keith,

      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.

      Kind regards,

      Michael
      514-842-2411 x 227

  • Emil says:

    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 says:

      Hi There,

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

      Kind regards,

      Michael
      514-842-2411 x 227

  • Gerome says:

    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 says:

      Hi Gerome,

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

      Kind regards,

      Michael

  • Claire says:

    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 says:

      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.

      Kind regards,

      Michael

    • Michael Ashby says:

      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.

      Kind regards,

      Michael

  • JayDee says:

    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 says:

      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.

      Kind regards,

      Michael

  • JayDee says:

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

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