A discharge is not automatic and the court must determine that it is in the best interests of the accused without harming the public interest before granting a discharge. A discharge can be unconditional or conditional. A person who is granted a discharge is deemed not to have been convicted and therefore has no criminal record.

It is essential to properly present your situation to the court in order to benefit from a discharge and a lawyer is able to advise and represent you. A criminal record is likely to have harmful consequences in several areas of your life.

A criminal record resulting from a criminal conviction makes finding employment much more difficult. Furthermore, a criminal record may constitute an obstacle to staying employed. A person may be dismissed when the offense is related to their work.

A criminal record can also limit an individual’s ability to travel to another country as well as to insure their residence and vehicle.  A landlord can also refuse to rent accommodation to a person who has a criminal record and this is not a ground of discrimination recognized by law.

Here are some examples of offenses for which it is possible to obtain a discharge:

• Assault
• Assault with a weapon
• Uttering threats
• Voyeurism
• Publication of an intimate image without consent
• Indecent acts
• Causing disturbance
• Trespassing at night
• Causing bodily harm by criminal negligence
• Criminal harassment
• Assaulting a peace officer
• Sexual assault
• Dangerous operation
• Failure to stop after an accident
• Theft
• Drug possession