Understanding Conditional Discharge and Absolute Discharge
                      
Understanding Conditional
Discharge and Absolute Discharge
 
By: Sekcheck Fingerprinting Canada
https://sekcheck.ca
                                                                                         
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What is a Discharge?
In Canadian law, a discharge is a sentence handed down by a 
court after an individual has been found guilty of an offense, but
it is not considered a conviction. There are two types of 
discharges: conditional discharge and absolute discharge.
Conditional Discharge
A conditional discharge occurs when an individual is found 
guilty of an offense but is not convicted. Instead, the individual 
is given specific conditions to follow for a set period, typically 
through a probation order. If the individual successfully meets 
these conditions, the discharge becomes absolute after the 
probation period. However, if the conditions are not met, the 
individual may face additional consequences, potentially 
including a conviction.
Conditions Typically Imposed
 Regular Reporting: The individual may need to regularly 
report to a probation officer.
 Counseling or Treatment: Attendance in counseling 
sessions or treatment programs for issues such as substance 
abuse or anger management.
 Community Service: Completion of a specified number 
of community service hours.
 Stay Away Orders: Restrictions on contacting certain 
individuals or entering specific locations.
Absolute Discharge
An absolute discharge is the most lenient sentence available. It
means that the individual is found guilty but is deemed not to 
have been convicted of the offense. There are no conditions 
attached, and the discharge takes effect immediately. The 
individual's criminal record will reflect the discharge for one 
year, after which it is removed.
Impact on US Waiver Application
For Canadians with a criminal record seeking entry into the 
United States, a US waiver service is often necessary. Both 
conditional and absolute discharges can impact the waiver 
application process.
 US Waiver with Conditional Discharge: A conditional 
discharge may complicate the waiver application if the 
conditions are not yet completed. US immigration authorities 
will scrutinize the specifics of the discharge and the nature of 
the offense. It is crucial to provide detailed documentation 
proving that all conditions have been met and that the 
discharge has become absolute.
 US Waiver with Absolute Discharge: An absolute 
discharge is generally more straightforward when applying for a
US Waiver. Since it is not considered a conviction and is 
removed from the individual's record after one year, it poses 
fewer complications. However, it is still important to disclose 
the discharge and provide the necessary documentation to 
avoid any issues.
Impact on Pardon in Canada
Pardons Canada, now known as a Record Suspension, allows
individuals with a criminal record to have their record set aside. 
Both conditional and absolute discharges affect the pardon 
process differently.
 Pardon with Conditional Discharge: For a conditional 
discharge, an individual must wait three years after the 
completion of the probation period before applying for a 
Pardon. Ensuring all conditions were met is crucial, as any 
breach may delay the eligibility.
 Pardon with Absolute Discharge: With an absolute 
discharge, the individual only needs to wait one year before 
applying for a Pardon. Given that an absolute discharge 
indicates no further conditions to meet, the process is usually 
simpler and quicker.
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