Free Legal Tool
Check whether your offence meets the two threshold legal requirements for an absolute or conditional discharge in Ontario.
Estimate only — not legal advice. Meeting these thresholds doesn't guarantee a judge will actually grant a discharge.In Canada, a discharge lets a person found guilty of certain offences avoid a criminal conviction. An absolute discharge takes effect immediately; a conditional discharge requires completing a period of probation first. Discharges are available only where the offence has no minimum penalty and is not punishable by 14 years or more, and where the discharge is in the accused's best interests and not contrary to the public interest. The record of an absolute discharge is removed after 1 year, and a conditional discharge after 3 years.
An offence with any mandatory minimum penalty is automatically disqualified from a discharge.
Offences punishable by 14 years or life imprisonment cannot receive a discharge, regardless of circumstances.
Meeting both requirements only makes a discharge legally possible — the judge still decides whether to grant one.
A discharge, if granted, generally means no criminal conviction is entered on your record.
Free to use on your own website or blog — just copy the code below. Includes attribution back to Legal Solutions Law Firm.
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</p>Our Toronto team can assess your specific charge and circumstances. Get a free, confidential consultation.
Wondering if a discharge is available for your charge? Get a free, confidential consultation.
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