Discharge (conditional and absolute): what it is
The essentials
- After a guilty plea or a guilty verdict, the court may, for certain offences, order a discharge instead of a conviction, if it considers this to be in the best interests of the accused and not contrary to the public interest.
- Absolute : the discharge takes effect with no conditions to meet.
- A discharge is not a conviction.
In short, from this page. Every statement is sourced below.
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The "discharge" comes up often in criminal cases, and it is often misunderstood. This page explains what it is, as general information, based on the text of the law. It does not say how to obtain one in a particular case: that question belongs to a defence lawyer (see the box below).
What the law says (s. 730 Cr.C.)
After a guilty plea or a guilty verdict, the court may, for certain offences, order a discharge instead of a conviction, if it considers this to be in the best interests of the accused and not contrary to the public interest. Those two criteria come from the law itself. A discharge is only possible for offences with no minimum punishment and that are not punishable by 14 years of imprisonment or more.
Conditional or absolute
- Absolute : the discharge takes effect with no conditions to meet.
- Conditional : it comes with conditions (through a probation order) to follow for a period set by the court.
The general effect on your record
A discharge is not a conviction. The Code provides that the record of a discharge is removed from RCMP files after a set time (as a rule, one year for an absolute discharge, three years for a conditional one). The exact details fall under the Criminal Records Act and the RCMP: this is general information, not a guarantee for a specific situation.
Where this guide stops
It explains what a discharge is. It does not say whether one is possible or advisable in YOUR case, what arguments to make, or how to address the court: that is sentencing submissions, the work of a defence lawyer. The good news: legal aid covers criminal defence broadly. For advice on your situation: legal aid (eligibility based on income), a community justice centre, Juripop, or the Barreau referral service.
On the documentation side: you can gather and date your documents and a timeline of the facts for your defence lawyer. The tool organizes and dates; it never advises on sentencing. See: preparing to meet your lawyer.
Official sources (consulted July 18, 2026)
Every statement in this guide is backed by an official source. How we verify and correct.
- Criminal Code, s. 730 (absolute or conditional discharge), at laws-lois.justice.gc.ca
- Criminal Records Act (RSC 1985, c. C-47), on laws-lois.justice.gc.ca
- Éducaloi, "L'absolution" explainer (plain language, general information)
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Reminder: this is general information; it is not information for anyone in particular.