Absolute and Conditional Discharges

Law Office of Kalina & Tejpal · Updated October 6, 2026

A discharge is a court disposition made instead of entering a conviction after a guilty plea or finding of guilt. An absolute discharge has no probation conditions; a conditional discharge includes a probation order. It is not an acquittal and is not the same as a conditional sentence.

When can the court grant a discharge?

Criminal Code section 730 excludes organizations and offences with a prescribed minimum punishment, or punishable by fourteen years or life imprisonment. For an eligible offence, the court must consider a discharge to be in the accused’s best interests and not contrary to the public interest. Eligibility does not guarantee that a discharge will be granted.

Conditions and consequences

The Code generally deems a discharged person not to have been convicted, subject to its exceptions. A conditional discharge’s probation obligations must be followed. In the circumstances specified in subsection 730(4), the court may revoke a discharge, enter a conviction and impose a sentence. Keep the order and obtain advice before treating probation as finished or varied.

What happens to the record?

Criminal Records Act section 6.1 restricts federal disclosure after more than one year from an absolute discharge or more than three years from the conditional-discharge order, subject to ministerial approval, and provides for removal of references from the RCMP’s automated criminal-conviction retrieval system after the applicable period. These rules do not mean that every local police file, court record or record held outside Canada is automatically erased.

Immigration, travel and professional obligations

A discharge can be important to conviction-based Canadian immigration grounds, but it does not guarantee immigration approval or admission to another country. Questions asking about arrests, charges or findings may require an answer even where there was no conviction. Review the immigration-consequences guide and any professional reporting rules before making a decision.

Speak with counsel

Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about the actual charge, court order and immigration circumstances.

This article provides general information only, not legal advice. Do not rely on it to decide a plea, ignore a condition or miss a filing deadline.