Unlike pre-trial resolutions, which happen before the case proceeds to trial, a discharge is a sentencing option for a judge after a guilty plea or a finding of guilt. This option is more likely if:

  • The crime is not too serious.
  • The offender has not broken the law before.
  • It is not against the public interest.
  • It is in the offender’s best interest.

You don’t end up with a criminal record, don’t have to spend time in jail, and don’t need to pay a fine: all major benefits of a discharge issued under Section 730 of the Criminal Code.

Speak with a Strategic Criminal Defence lawyer as early as possible in your case to discuss ways to reduce the impact on your future.

Is a discharge possible if you’re found guilty? Ask these 3 questions:

  1. Does your offence carry a mandatory minimum sentence or a maximum penalty of 14 years or life? A discharge is only legally available if neither applies.
  2. Would a criminal record be unduly harsh on you? If a conviction would seriously affect your employment, education, or immigration status, the court may consider a discharge.
  3. Do you have a clean record and a strong case for ‘good character’? Courts are far more receptive to discharges when there is clear evidence supporting your character.

If you can answer “yes” to all three questions, your Strategic Criminal Defence lawyer may discuss the possibility of a discharge with you.

Contact us for a free, no-obligation consultation.

“A discharge is the lightest sentence in Canadian law and the best possible outcome you can receive short of your charges being dropped or a resolution diverting them out of the criminal justice system. The benefits of avoiding a criminal record cannot be overstated.”

Michael Oykhman, Strategic Criminal Defence

What is a discharge, and how does it work?

There are two types of discharges:

  1. An absolute discharge: The person is guilty but is let go right away without any conditions or a criminal record.
  2. A conditional discharge: The person must follow a set of rules (a probationary period) commonly for 6 to 18 months, though up to 3 years is possible.

A discharge means no conviction, no criminal record, and the person is free to live their life without the long-term consequences for employment, travel, immigration, etc.

This is why, at Strategic Criminal Defence, our lawyers often argue for a discharge at the sentencing stage by making submissions to the court.

What kinds of conditions might apply to a conditional discharge?

Of the two types of discharges, conditional discharges are the most common. Conditions are usually laid out in a probation order. Typically, you must:

  • Be good and keep the peace.
  • Report to a probation officer (usually at the beginning of probation and then as needed).
  • Let your probation officer know if you change your name, address, or job.
  • Do community service.
  • Go to counselling or treatment programs, such as anger management, drug use, or theft prevention programs.
  • Avoid certain places, like the store where the theft happened.
  • Not talk to certain people, like the victim of the crime.
  • Not drink or use drugs if they helped cause the crime.

What happens if you violate the conditions of your discharge?

The precise conditions you will need to follow vary according to the offence and your situation, but, regardless, you must follow all the rules exactly as they are written.

If you break the rules, the court can find you guilty and punish you the same way it would have for the original crime. This could mean paying fines or even going to jail, depending on the crime.

Your Strategic Criminal Defence lawyer will advise you on how to follow the conditions of your discharge to prevent this.

Will a discharge show up on background checks?

With a discharge, you can honestly say to an employer or other interested party that you have never been convicted of a crime (though you have been found guilty of a crime).

However, arrest and charge records will likely show up on background checks for a period after a discharge:

  • The record is automatically purged from the RCMP’s database:
    • After one year, for absolute discharges.
    • After three years, for conditional discharges.
  • During the intervening period, the discharge will show up on some types of criminal record checks.
  • Even after the waiting period, border officials may still be able to see a conditional discharge, which could make it harder to travel to the United States.
  • The discharge may also show up on some enhanced criminal background checks, unless you take steps to have it completely erased.

How can we make a case for a discharge during sentencing?

When a judge sentences a person found guilty of a crime, if no mandatory minimum jail sentence applies and the maximum sentence is not 14 years or more, a discharge may be considered.

The key considerations for the judge are the public interest, whether a conviction will be unduly harsh, and what is in the offender’s interests.

Some crimes will not be considered for a discharge but your case strengthens if it is a relatively minor summary offence (or a ‘hybrid’ offence treated summarily) and we can show how:

  • You accept responsibility for your actions.
  • You have taken steps to prevent it from happening again.
  • A criminal record would severely impact your rehabilitation and reintegration into the community.

During the sentencing process, we can make submissions to the judge, including pre-sentencing reports and other evidence to support our position. For instance, we can help you:

  • Demonstrate a clean record.
  • Show that you’re sorry for what you did.
  • Provide copies of letters of apology to the victim.
  • Gather character references.
  • Document a work history.
  • Show a history of community service.

“Judges generally pay attention to evidence that demonstrates why you deserve a discharge, and why it is good for the public.”

Michael Oykhman, Strategic Criminal Defence

Which offences commonly result in discharges in Calgary?

Some offences are more likely to be resolved with a discharge than others:

OFFENCE WHY A DISCHARGE IS REALISTIC
Theft under $5,000 (e.g., shoplifting) May result in a conditional discharge for first-time offenders with no prior record.
Mischief under $5,000 Minor property damage is commonly resolved with a discharge where there's no mandatory minimum and the circumstances support it.
Simple assault (no lasting injury) Simple assault with no lasting injury is a common charge eligible for a discharge.
First-time drug possession Simple drug possession may be considered for a discharge, especially for first-time offenders.
Causing a disturbance/obstructing a peace officer Another discharge-eligible offence, in some circumstances, especially if there are extenuating circumstances.
Uttering threats A discharge may be available if nobody was badly affected and it is viewed as an isolated incident.

A discharge is not available for crimes like murder, armed robbery, breaking and entering (dwelling house), or impaired driving/over 80.

For any offence with a mandatory minimum sentence or punishable by 14 years or life, a guilty plea or finding of guilt inevitably results in a criminal record.

Testimonials

“Michael has handled my wife’s criminal case with great dedication and precision. The final decision of an absolute discharge from the judge was incredible and brought such relief to both my wife and me. We thank you deeply for your service.”

K.T.

“I had the pleasure of working and trusting my case to Joseph Beller. I had 2 counts against me, and in the end, Joseph was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly.”

R.R.

“I had a great experience working with Michael, and his assistants…I ended up getting an absolute discharge, which he seemed very confident about from the start. I’m glad I went with him, and hopefully I’ll never have to use a lawyer again, but if I did, he’d be the first person I’d call.”

G.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 551924

The police were dispatched to a 911 call for a domestic disturbance. Upon arriving, the complainant reported that she was woken up by our client, who was highly intoxicated and agitated. She alleged that they began to argue, and that during the argument, he pinned her down and tried to choke her. As the struggle continued, she said that her nose ring was ripped out of her head, that our client had pulled her hair, and that he had struck her in the face. The entire incident had also unfolded in front of her children. Upon arriving, the police found that our client was already under probationary terms for a recent and previous assault.

Once we were retained, we ordered and reviewed disclosure and identified some potential defences for our client. We then conducted an in-depth interview with our client to learn about his background and to learn more about the circumstances of the offence. We were then able to use this information in an application for a discharge. Notwithstanding the fact that our client already had a lengthy criminal record and even though he was on probation for another assault, we were able to successfully obtain a conditional discharge. As a result, our client was able to avoid receiving another criminal conviction for this offence.

Successful Result: Conditional Discharge, No Criminal Conviction

Case Number: 55582450

Our client was charged with several counts of uttering threats and criminal harassment after a lengthy period of nearly two years during which he verbally harassed his neighbours and, on several occasions, threatened to physically harm them. Our client was suffering from a number of concurrent disorders, including substance abuse and mental health issues, which were the primary reasons for this behaviour.

Upon being retained, we immediately advised our client to secure a new living situation away from the complainants, his former neighbours. We also instructed our client to undergo addictions counselling and psychiatric treatment. After our client’s successful completion of these recovery programs, we convinced the Crown Prosecutor to accept a guilty plea in exchange for a conditional discharge. Not only did our client avoid jail time, he also avoided a criminal record.

Successful Result: No Jail Time, No Criminal Record

Case Number: 2250077

Our client was charged with Breaking and Entering, Theft, and Mischief when he entered his old place of work and was caught on CCTV stealing food and liquor. His former employers also reported that when he broke in, he had also stolen several cheques. After the charges were laid, our client failed to appear for one of his scheduled court dates, giving rise to a charge for a Failure to Appear.

Upon being retained, we reviewed disclosure, identified our ideal resolution for our client’s matter, and ordered a pre-sentence report, which strongly supported our resolution position. We then began extensive resolution discussions with the Crown Prosecutor, where we were able to immediately point out significant weaknesses in the case against our client. Notwithstanding the very serious nature of the offence, we were able to successfully persuade the Crown to join us in an application for a conditional discharge. As a result of our advocacy, we were able to make a successful discharge application before the court, and our client was able to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Case Number: 65670089

Our client was charged with theft under $5000 and fraud under $5000 after an investigation by a loss prevention officer revealed that she was stealing merchandise from her employer and making purchases with fraudulent gift cards. All the transactions were caught on her employer’s CCTV system.

Upon being retained, we reviewed disclosure and identified the ideal resolution for our client’s matters. In order to maximize the likelihood of success, we immediately directed our client to enroll in counseling and engage in volunteer work. We also sought out reference letters from family and friends, proof of employment, and an apology letter. We used these documents to support our submissions in favor of granting our client a conditional discharge. We were successful in our application, and as a result our client avoided a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

Case Number: 45470310

Our client was charged with public mischief and given a traffic violation ticket for failing to leave a note after receiving a call from the police informing her that her vehicle had been involved in a hit-and-run. Our client made a fraudulent report that she had left her vehicle at a bar the previous night and that it must have been stolen. The police later learned that our client had been involved in the hit-and-run and arrested her.

Upon being retained, we ordered our client’s disclosure and identified the ideal resolution for our client. We immediately directed our client to enroll in addiction counseling. We also obtained proof of our client’s engagement in volunteer work, a charitable donation, reference letters from family and friends, and an apology letter. We used these documents to support our in-court submissions and we successfully argued for an absolute discharge for our client. As a result, our client avoided a criminal conviction.

Successful Result: Absolute Discharge, No Criminal Record

FAQs

A prior record does not automatically disqualify you from a discharge but it does make it a lot harder to convince a judge that you won’t re-offend and have learnt your lesson. A discharge after a criminal record is the exception to the rule, but it is not prohibited by the Criminal Code.

The RCMP automatically purges an absolute discharge from the national CPIC database after one year, and a conditional discharge after three years. However, local police may keep their own separate file indefinitely unless you formally request its destruction, and vulnerable sector checks can sometimes still surface a purged discharge if police consider it relevant.

Possibly not without issue. U.S. Customs and Border Protection doesn’t recognize Canadian discharges the way Canadian law does, and may still deny entry based on the underlying offence, even though no conviction was registered in Canada. Seek advice before travelling.

An acquittal means the court found you not guilty (the Crown failed to prove its case, and the matter is over). A discharge is the opposite starting point: you’ve pleaded guilty or been found guilty, but the judge has decided not to convict or sentence you in the usual way. An acquittal means you were never found responsible; a discharge means you were, but the court chose leniency over a criminal record.

Discharges are not the default outcome; most guilty findings result in a conviction. However, they are a realistic option in the right circumstances. Your chances increase with a seasoned criminal defence lawyer making a case for you. While past results do not guarantee future outcomes, you can get an idea of our success rate from our Successful Cases page.

“By avoiding a criminal record, an accused person can access both educational and employment opportunities that might otherwise be unavailable to them. This reduces many barriers that convicted individuals face, aiding reintegration and reducing the risk of reoffending.”

Michael Oykhman, Strategic Criminal Defence

Get help with a criminal charge

Strategic Criminal Defence has received:

  • Over 750 5-star Google reviews.
  • Three Best Rated® recognition for 8 consecutive years.
  • The Consumer Choice Award (2025,2026).

Having defended over 10,000 cases in the past two decades, we understand the strategies that prevent charges from causing more harm than necessary to our clients’ lives.

From pre-charge legal advice to help at sentencing hearings and appeals, our lawyers will work to protect your rights and limit the consequences for your future.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 14, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410