A discharge without conviction prevents a criminal conviction after a guilty plea or finding of guilt when the legal test is met.
Discharge Without Conviction Laywer
What is a discharge without conviction?
A discharge without conviction allows the Court to discharge you without recording a conviction, despite you pleading guilty or being found guilty after a trial. The Court has discretion to grant a section 106 discharge without conviction under the Sentencing Act 2002.
A conviction can affect your employment, professional registration, immigration status, travel and future opportunities. If the application succeeds, the discharge is legally treated as an acquittal. However, the Court must apply a strict legal test, and every application depends on its own facts.
As an experienced discharge without conviction lawyer, I prepare detailed applications for clients in Auckland and across New Zealand. Contact me early so my team and I can assess your circumstances, preserve your options and begin gathering the necessary evidence.
What are the criteria?
and indirect consequences of a conviction would be out of all proportion to the seriousness of the offending.
The Court first assesses the gravity of the offence. It then identifies the likely consequences of a conviction before deciding if those consequences are disproportionate. Relevant consequences may include:
- Losing current or future employment
- Losing a professional licence or registration
- Immigration or deportation consequences
- Restrictions on international travel
- Effects on education or career opportunities
- Harm to a business or professional reputation
- Other significant personal consequences
General concern about having a conviction is usually not enough. The consequences must be supported by credible evidence and connected to your individual circumstances.
A discharge without conviction can still be available if Police Diversion has been declined or granted to you previously. Completing counselling, rehabilitation, restorative justice, reparation or other constructive steps may also strengthen an application by showing remorse and addressing the causes of the offending.
How a Discharge Without Conviction Lawyer Can Help
A strong application requires more than asking the Judge to avoid entering a conviction. As your discharge without conviction lawyer, I identify the consequences that matter, gather evidence to support them and prepare legal submissions addressing the section 106 test.
My team and I can help obtain affidavit evidence from employers and expert witnesses, immigration information, professional registration evidence, travel requirements, character references and reports from counsellors or treatment providers. I then present a clear argument explaining why the consequences of conviction would be out of all proportion to the offending.
If you are seeking a discharge without conviction in Auckland or across NZ, contact me before entering a plea or making decisions that may affect your application.
Results
I have successfully obtained a discharge without conviction for many clients facing a wide range of criminal charges. I have also successfully appealed decisions refusing to grant a discharge in the High Court and Court of Appeal.
Every case is different, and past results do not guarantee a particular outcome. However, my experience allows me to identify the issues that matter and prepare each application thoroughly.
FREQUENTLY ASKED QUESTIONS
Useful Tips & Advice
What Documentation Is Needed for the Application?
Your application will usually require an affidavit, which is a sworn or affirmed statement explaining your circumstances and the consequences of a conviction. Further affidavits and supporting documents may also be needed.
I prepare written legal submissions setting out the relevant law, the gravity of the offending and why the consequences of conviction would be disproportionate.
Will You Organise the Application for Me?
Yes. As your discharge without conviction lawyer, I will manage the application from start to finish. My team and I will help you prepare your affidavit, collect supporting evidence and complete any rehabilitation or remedial steps that may strengthen your position.
I will then file the written submissions and present the application in Court on your behalf.
Can I Apply if Police Have Declined Diversion?
Yes. Police Diversion and a section 106 discharge without conviction are separate processes. Diversion is administered by Police, while an application for discharge without conviction is decided by a Judge.
Being declined Diversion does not prevent you from applying, although the Court will still assess the seriousness of the offending and the consequences of conviction.
Does Pleading Guilty Improve My Chances?
A guilty plea may demonstrate acceptance of responsibility and remorse, but it does not guarantee a successful application. The Court must still decide if the consequences of conviction would be out of all proportion to the gravity of the offence.
Speak with me before entering a plea. I will assess the evidence, available defences and potential application so you can make an informed decision.
Can I Apply After Being Found Guilty at Trial?
Yes. A discharge without conviction may be granted after a guilty plea or a finding of guilt at trial. However, the Court will consider all relevant circumstances, including the way the case proceeded and any evidence of remorse.
Can I Get a Discharge if I Already Have a Criminal Record?tle or Question
Yes, but your previous record will be relevant. The Judge will consider your earlier offending, the current charge and the claimed consequences of another conviction.
A previous conviction does not automatically prevent a successful application. As an experienced discharge without conviction lawyer, I will assess how your history affects the legal test and prepare the strongest application supported by the facts.
Can a Discharge Without Conviction Be Appealed?
A decision refusing a discharge without conviction may be appealed if there is a proper legal basis. I have successfully handled appeals against refusals in both the High Court and Court of Appeal.
Strict time limits apply to criminal appeals, so contact me promptly if your application has been declined.
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