Outcomes that are not a criminal conviction
- Withdrawal: the Crown withdraws the charge, for example because the evidence is weak or after diversion.
- Diversion: you complete conditions such as community service, a donation, counselling or a course, and the charge is withdrawn. In Ontario, adult diversion is often run through the Direct Accountability Program.
- Peace bond: you agree to keep the peace and follow conditions, usually for 12 months, and the charge is withdrawn. A peace bond is not a conviction.
- Discharge: you're found guilty but not convicted. The record is removed from the national police database after one year for an absolute discharge, or three years for a conditional discharge.
- Stay of proceedings or acquittal.
Who usually qualifies
There are no guarantees, and the decision belongs to the Crown or the judge. But diversion and peace bonds are most often available when:
- It's a first offence, or the person has little or no record.
- The offence is less serious, such as shoplifting, minor assault, mischief or simple drug possession.
- Nobody was seriously hurt and any loss can be repaid.
- The person is willing to take responsibility and do something constructive.
A lawyer can make a real difference here, by putting together a package for the Crown that shows who you are: letters, proof of counselling or volunteering, and repayment where it's relevant.
After the charge is withdrawn
Under Ontario's Police Record Checks Reform Act, withdrawn charges generally aren't disclosed on standard criminal record checks. Vulnerable sector checks follow stricter rules, and in exceptional cases some non-conviction information can be disclosed.
Your fingerprints and photographs may still be on file. You can usually ask the police service to destroy them once the case is over. We can help you with that request.
Travel and immigration
A withdrawal, peace bond or discharge is not a conviction, so it doesn't create criminal inadmissibility to Canada for non-citizens. Travel to the United States is a separate question, because U.S. border officers can ask about arrests and charges. If you travel often, tell us, and we'll factor that in.
When a discharge is available and when it is not
Under section 730(1) of the Criminal Code, a court can direct a discharge, absolute or on conditions, instead of convicting a person who pleads guilty or is found guilty, if it considers this to be in the person's best interests and not contrary to the public interest. A discharge is not available for an offence that carries a minimum punishment, or for an offence punishable by imprisonment for 14 years or for life.
That limit matters. Impaired driving, for example, carries a minimum fine, so a discharge is not available for it. Under section 730(3), a person who is discharged is deemed not to have been convicted, although the finding of guilt can still be appealed. A discharge also does not remove the court and police records right away. The periods for removal from the national police database are one year for an absolute discharge and three years for a conditional discharge, as explained above.
Peace bonds: how they work and the risk of a breach
A peace bond under section 810 of the Criminal Code is an order that a person enter into a recognizance to keep the peace and be of good behaviour for up to 12 months, where the judge or justice is satisfied the person who laid the information has reasonable grounds to fear personal injury or damage to property. The court can add reasonable conditions, such as staying away from a named person. A peace bond is not a conviction.
A breach of a peace bond is a separate offence. Under section 811, it is punishable by up to four years on indictment, or it may be prosecuted summarily. So a peace bond should be treated seriously and the conditions followed carefully.
Questions to ask before you accept any resolution
- Will the outcome be recorded as a conviction, a discharge, a peace bond or a withdrawal?
- How will it affect immigration status, travel, professional licensing or a security clearance?
- What conditions come with it, and what happens if they are not followed?
- How long will the record stay in the police database or on a record check?
- Is there a better outcome available if more time is spent on disclosure or on the evidence?
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Does diversion mean I'm admitting guilt?
Diversion usually requires accepting responsibility, but it isn't a guilty plea or a conviction, and the charge is withdrawn when you complete the conditions.
Is a peace bond a criminal record?
No. A peace bond isn't a conviction. While it's in force it may show up on some police checks, and breaking its conditions is a criminal offence.
What's the difference between an absolute and a conditional discharge?
Both mean you're found guilty but not convicted. An absolute discharge has no conditions. A conditional discharge comes with probation conditions. The record is removed from the national database after one year or three years, respectively.
Can I get diversion if I have a record?
It's less likely, but not impossible, depending on how old the record is and what it's for. A discharge may still be possible.
Will a withdrawn charge stop me getting a job?
Withdrawn charges generally aren't disclosed on standard police record checks in Ontario. Vulnerable sector checks are stricter.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we speak in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.