A discharge is a sentencing outcome under section 730 of the Criminal Code where the accused is found guilty but is not convicted. Because there is no conviction, the accused does not receive a criminal record for the offence. Discharges are available for offences that are not punishable by a minimum sentence and do not carry a maximum sentence of 14 years or life.
There are two types: an absolute discharge, which takes effect immediately, and a conditional discharge, which is subject to a probation order. With a conditional discharge, the accused must comply with probation conditions for a set period (up to three years). If the conditions are met, the discharge becomes absolute. If the accused breaches probation, the court can revoke the discharge and impose a conviction and sentence.
A discharge is a significant outcome because it avoids a criminal record. However, the record of the discharge is accessible on CPIC for one year (absolute) or three years (conditional) after the discharge is granted. Defence lawyers seek discharges particularly for first-time offenders and for individuals whose careers or immigration status would be severely affected by a conviction.