As a matter of law, it will appear on your criminal record for three years. An absolute discharge will remain on your record for one year.
If you do not comply with the conditions of a discharge, it can be revoked and replaced with a conviction. A conditional discharge does appear on criminal record checks, including pre-employment screening , during the one- or three-year period before it is purged from the Canadian Police Information Centre CPIC database.
One of the things that travelers to the US will receive when crossing the border is a form that is filled out which states the nature of the visit. A boarder guard may also ask you if you have ever had a criminal conviction in Canada. If the Customs and Border Protection CBP decide to conduct a background check, if you answered that you do not have a record, the check will come up with nothing and you will be processed normally. However, if you lie about this, and a check is conducted that discovers a criminal conviction, this changes things a lot.
Not only did you have a criminal conviction, but you lied about it to an officer, and this will have a big impact on your ability to enter the country in the future, requiring extra measures be taken such as securing a US Entry Waiver for future trips. But what about discharges? This is a more complex issue, since it means the courts in Canada have taken additional action with you and your criminal record. There are two types of discharge normally served in Canadian courts; absolute and conditional discharges.
A conditional discharge is given when someone on trial for a criminal offense either pleads guilty to the charge or is found guilty by the jury. However, if circumstances show that there is no harm to the public at large, and that there would be a severe harm to the welfare of the defendant if a criminal conviction is given, a conditional discharge may be handed out instead. An absolute discharge means the court has decided to completely negate any kind of conviction.
Probation Order : Probation is a form of punishment primarily aimed at the rehabilitation of offenders. A probation order can last for one to three years. Whilst it is not precluded as a sentencing option for serious crimes, a probation order is unlikely to be made in respect of serious crimes. A probation order may only be made if the convicted offender consents to it.
Persons under probation orders are required to be of good behaviour and to remain in contact with a probation officer as may be required. People on probation may also be required to reside in an approved institution.
If a probationer re-offends whilst on probation that is, the probation order has not yet expired , or breaches the conditions of the probation order, that person may be re-sentenced for the original offence. A second probation order may be made, which subsumes the first one.
Probation orders cannot be combined with sentences of imprisonment or community service orders. For example, a guilty offender cannot be sentenced to both a community service order and a probation order at the same time. Fine : A fine is a monetary penalty which may be imposed in lieu of or in addition to other forms of penalty. Failure to pay a fine will result in imprisonment, usually for a period of time which accords with the amount of the unpaid fine.
Fines may be ordered to be paid by instalments.
Compensation Order : Where a person is convicted of an offence, the Court may order that person to pay to the aggrieved party compensation for personal injury or loss or damage to property, or both, as the Court thinks reasonable. Restitution Order : A restitution order is an order under which the offender is compelled to return any "ill-gotten gains" to such person or persons as the Court deems fit.
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. A conditional discharge is an order made by a criminal court whereby an offender will not be sentenced for In New Zealand, offenders can be " convicted and discharged" (a criminal record is received but no other punishment ) or. When you're discharged, you don't get a criminal conviction. You won't have a criminal record unless you had one before. But there will be a.
If restitution is made voluntarily, it becomes a mitigating factor that the court may take into account when sentencing the convicted offender. Forfeiture : Under a forfeiture order, property is confiscated taken away from an offender.
Where another person is entitled to that property, the Court will order it to be returned to that person. If an owner cannot be identified, under the forfeiture order the property may be sold or retained by the government or destroyed if it is of no value. The Court's power to order forfeiture does not extend to land or the buildings standing on it.
Disqualification from driving : For driving offences, disqualification from driving is considered a severe penalty. Usually it is imposed only where the legislation governing the offence expressly requires it or where the Court finds that the offender poses a danger to the public if that person continues to drive.