If you are found guilty of a crime, there are a few different ways to avoid a prison sentence in Canada. Two of the most common alternatives to a prison sentence for less severe offences are a Conditional Discharge and an Absolute Discharge. A “discharge” is also a finding of guilt without a conviction. Since a discharge isn’t a conviction, after a certain number of years, the discharged offence will be removed from the criminal record searches without the need to apply for a pardon. How To Be Granted A Discharge – The Legal Requirements The sentencing judge must find, that granting the discharge: 1. Would be in the best interests of the accused; and 2. The discharge must not be contrary to the public interest. Other factors to consider are: • Discharges are only available for crimes where the minimum punishment is less than 14 years imprisonment. • Although discharges will not appear on most criminal record searches, they can be referred to if there is a criminal conviction in the future, and it will likely impact future sentences. It is very uncommon for a repeating offender to receive multiple discharges. An Example Where A Discharge May Be Granted You may be asking yourself, what kind of offender could get a discharge, let’s work through an example: • The offender is an abused woman, Jane Doe; her partner, Jeff Doe physically, and emotionally abuses her and controls the family money, • Jane’s family income is low, • Jane secures a part-time job and is accepted into a college program, against her husband’s wishes, • Jane’s husband sabotages her efforts and forces her to quit, • In a fit of despair, Jane smashes her husband’s car windows with a hockey stick before leaving with her children to an abused women’s shelter, • In an effort to force her to return home, Jeff calls the police, and Jane is charged with Mischief under $5000. Jane retains a criminal defence lawyer; Jane does not deny what she did, so she pleads guilty. Her criminal lawyer can now argue to the judge that Jane should get a discharge because. 1. It would be in Jane’s best interests not to be convicted; she would be unable to move forward in her quest for independence if a criminal record stopped her from finding work. 2. The public interest would be better served by allowing Jane to work towards providing for herself and her children; a criminal record would hurt her chances of doing that. Types Of Discharges There are two types of discharges, a conditional discharge and an absolute discharge; below we will examine both types: 1) Conditional Discharges Often, at the completion of criminal proceedings (following a trial or a guilty plea), offenders will mention that they received “probation”; however. there is no stand-alone sentence of probation. Probation is typically one aspect of another type of sentence. Many people given probation, in fact, received a Conditional Discharge. A Conditional Discharge is given, and an accused must then complete the “conditions” of the sent