What is the difference between an absolute discharge and a conditional discharge?
Short answer
An absolute discharge takes effect immediately, with no obligations to comply with. A conditional discharge comes with a probation order, and the person has to comply with its conditions. The removal periods from the RCMP file also differ: one year in the first case, three years in the second.
In detail
Section 730 of the Criminal Code provides for both forms. In either case, the person is deemed not to have been convicted. The difference lies in the obligations that follow.
A conditional discharge comes with a probation order: reporting to an officer, a no-contact condition, community work, therapy, depending on what the court sets. Failing to comply with those conditions falls under section 733.1 of the Criminal Code, with a maximum of four years' imprisonment on indictment.
The effect on how long the trace lasts is direct: section 6.1 of the Criminal Records Act provides for removal from the RCMP file one year after an absolute discharge and three years after a conditional discharge.
What to document
Note the exact type of discharge written on the court document, the date of the order, the length of the probation if there is one, and the full list of conditions. Document that you carried the conditions out (attestations of work done, attendance at therapy): that is what lets you show they were respected.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
Related questions
- What shows up in my criminal record?
- How do I find out if I have a criminal record?
- Does a withdrawn charge or an acquittal leave a trace?
- Can an employer refuse to hire me because of my criminal record?
- Is my youth record a criminal record?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.