If you’re facing criminal charges in Canada, a discharge may offer a second chance without a conviction. Whether absolute or conditional, discharges allow eligible individuals to avoid a criminal record under certain conditions. This article explains how discharges work, who qualifies, and why early legal guidance is key to securing the best outcome.
Anyone facing criminal charges in the Greater Toronto Area obviously wants to secure the most favorable outcome. This explains in large part why most people facing such charges seek out the services of an experienced criminal lawyer. When hiring a Toronto-area lawyer, criminal defendants carry expectations that their lawyer will produce positive results.
In particular, when you hire a criminal lawyer you want them to get the charges withdrawn or dismissed pre-trial or secure an acquittal at trial. Absent these favorable outcomes, there are expectations that your lawyer can at least secure reduced charges and/or otherwise mitigate the severity of the outcome. A common mitigating outcome often sought by criminal lawyers is what’s known as a discharge. And if your lawyer suggests that this option might represent the most favorable outcome you can expect from the court, you should pay attention.
According to Sections 730 (1)–(3) of the Criminal Code of Canada, a discharge is a sentence available to judges when it is in the best interests of the accused and not contrary to public interest. There are two kinds of discharges:
| Type of Discharge | Description |
|---|---|
| Absolute Discharge | No conditions, no criminal record, stays on CPIC for 1 year |
| Conditional Discharge | Includes probation and/or conditions; stays on CPIC for 3 years |
When a judge grants an absolute discharge after a finding or admission of guilt, the individual is exempt from any penalty or probation. The case is concluded immediately. Though it remains visible on the CPIC database for 12 months, it is automatically purged afterward. It’s important to note that an absolute discharge is not a conviction and should not result in a criminal record.
In some situations, defence lawyers at Mass Tsang LLP negotiate absolute discharges as part of a plea deal with the Crown.
"We've used this option effectively for first-time offenders facing minor charges where rehabilitation is evident," says Jeff Mass, Managing Partner.
A conditional discharge is granted under similar circumstances but comes with a period of probation and conditions tailored to the offence and offender. This may include community service, counselling, restitution, or abstaining from drugs or alcohol.
If these conditions are violated, the court can revoke the discharge, impose a conviction, and sentence the individual accordingly. The conditional discharge remains on the CPIC for three years unless complications arise.
"Contrary to popular belief, many allegations don’t make it to trial – we help clients resolve their cases with outcomes like conditional discharges," notes Robbie Tsang, Criminal Defence Lawyer .
Discharges — especially when secured through skilled negotiation — demonstrate practical legal expertise. Defence strategies that may support a discharge include:
Mass Tsang LLP's criminal defence team has successfully handled hundreds of discharge cases across Ontario.
Discharges are typically negotiated between the defence lawyer and the Crown. While the judge has discretion, courts often follow joint recommendations. When parties disagree, the judge evaluates the discharge based on public interest and the accused’s background.
"We carefully audit every case to identify all legal options for discharge," says Jeff Mass .
Even though discharges are meant to be purged from the CPIC (1 year for absolute, 3 for conditional), processing errors can delay or prevent removal. Courts may mistakenly log the discharge as a conviction. To ensure record accuracy:
You may legally say you have no conviction after a discharge, but if asked if you’ve ever pled guilty, the answer is yes.
Because the U.S. shares access to Canadian criminal data, border officials may view a discharge as equivalent to a conviction. Depending on the offence, this could affect entry. For example, minor offences may have no impact, but crimes involving violence or fraud may require a U.S . waiver.
The criminal defence lawyers at Mass Tsang LLP have over a decade of experience and have secured successful outcomes — including discharges — in hundreds of cases.
If you’re facing charges in Toronto or the GTA, schedule a free consultation to explore your legal options.
