When an individual pleads guilty or is found guilty after trial, a conditional discharge is a possible sentence that a judge may impose for many offences (but not all) in the Criminal Code. For instance, a conditional discharge is not available where the Criminal Code stipulates a mandatory minimum sentence or the offence is deemed to be too serious for a discharge to be an available sentencing option.
In the context of domestic assault cases, a conditional discharge
is typically available as a sentencing option for individuals that do not have prior convictions and the circumstances of the incident are relatively less aggravating. However, even if the sentence is available, it is up to the judge to determine whether the sentence will be imposed.
The upside to a conditional discharge disposition is that it is not a conviction. When the court registers a conviction this results in a permanent criminal record that can only be removed if a pardon is later sought and granted.
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However, the benefits of a conditional discharge are not without constraints. For instance, high level criminal record checks required by employers in positions of trust (aka vulnerable sector checks) will show any prior contact with the police including previous charges and results such as discharges and peace bonds.
Also, for the purposes of travel admissibility, the United States may not accept the distinction between a conditional discharge and a conviction and thereby refuse entry on either basis.
Before making an important decision regarding your criminal case, call Mirza Kwok Defence Lawyers for a consultation.