What is an absolute discharge?

By Last Updated: March 16, 2022

An absolute discharge is a very rare type of sentence that will allow you to completely avoid a criminal conviction without having to comply with the probationary conditions that typically accompany a conditional discharge. Like a conditional discharge, an absolute discharge can only be granted after you have been accused of a criminal offence, of after you have pled guilty to a criminal offence.

When granted an absolute discharge you will be immediately discharged from the offence without having to take further action. Once you are absolutely discharged, your involvement with the authorities with respect to that offence will completely end.

Who Can Get An Absolute Discharge

Absolute discharges are infrequently granted, and are typically only given in highly unique and exceptional circumstances. An absolute discharge will only be granted when a judge is convinced that discharging you absolutely from the offence is in your best interests, and that it is not contrary to the interests of the public.

Generally a strong candidate for an absolute discharge has no criminal record, has not been formerly granted a discharge, and the offence was very minor and caused little or no loss to other persons or to property. Further, absolute discharges will more likely be given to someone who has taken steps to rehabilitate themselves or to give to the community prior to sentencing. This can include things like completing counselling or performing community service.

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Michael Oykhman

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Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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