What is a discharge and does it give you a criminal record?
Short answer
A discharge is set out in section 730 of the Criminal Code: the person is found guilty, but the court discharges them, and they are then “deemed not to have been convicted” of that offence. A discharge is therefore not a conviction, but it does leave a temporary trace in the RCMP file.
In detail
The court can grant a discharge where four conditions are met: the person pleads guilty or is found guilty, the law prescribes no minimum punishment, the offence is not punishable by imprisonment for fourteen years or for life, and the court considers that a discharge is in the person's best interests without being contrary to the public interest.
The effect is set out in the text itself: a person who is discharged “shall be deemed not to have been convicted of the offence”. That is what distinguishes a discharge from a conviction with a sentence.
Be careful, though: this is not an acquittal. The court did find guilt, and the discharge appears in the RCMP criminal records file for a limited period (see the next question). Other consequences remain, such as the possibility of a weapons prohibition order.
What to document
Keep the official court document confirming the discharge, the file number and the exact date of the order. That date is what starts the clock for automatic removal from the RCMP file. Note as well which kind of discharge it is: absolute or conditional.
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
- How long does a discharge stay in the RCMP file?
- What is the difference between an absolute discharge and a conditional discharge?
- 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- Does a withdrawn charge or an acquittal leave a trace?
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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.