If you've been charged with a criminal offence in New Zealand, you may be wondering: Will this affect my future? For many, particularly first-time offenders, the prospect of a criminal conviction is often more concerning than the offence itself.
Fortunately, New Zealand law offers a potential path to avoid a conviction through a legal mechanism known as discharge without conviction, as outlined in Section 106 of the Sentencing Act 2002.
What Is a Discharge Without Conviction?
A discharge without conviction allows the court to acknowledge your guilt for an offence but decides not to record a formal conviction. This means you won't have a criminal record despite being found guilty.
However, a discharge without conviction is not an automatic outcome. The court will only grant this if it believes the direct and indirect consequences of a conviction would be disproportionately severe compared to the gravity of the offence. To make this determination, the judge will assess the following:
- The direct and indirect consequences a conviction would have on your life
- The seriousness of the offence
- Whether the consequences of conviction are disproportionate to the offence
A criminal conviction can have wide-reaching effects on your future, including but not limited to:
- Employment and professional registration
- Travel and visa applications
- Immigration status
- Reputation and future opportunities
For those seeking to avoid a permanent criminal record in New Zealand, a discharge without conviction may be the right option — provided the legal criteria are met.
Who Might Be Eligible for a Discharge Without Conviction?
While each case is unique, you may be eligible for a discharge without conviction if:
- You are a first-time offender in New Zealand
- The offence is minor or out of character
- A conviction would have a significant negative impact on your career, travel, or immigration status
- You have demonstrated remorse by taking steps such as attending counselling and/or completing certain courses, making reparations, or engaging in restorative justice
How to Apply for a Discharge Without Conviction
A successful application for a discharge without conviction typically involves comprehensive evidence that supports your case. Key documents include:
- Application for s106 discharge without conviction
- Affidavit evidence from you and any relevant third parties
- Medical or psychological reports (if applicable)
- Cultural reports under Section 27 (if relevant)
- Letters from employers or immigration advisors
- Evidence of remorse or rehabilitation (e.g., counselling, community service or courses)
At Patel Nand Legal, we work closely with clients to prepare personalised submissions that reflect both their legal position and personal circumstances. Our aim is to protect your future and prevent a criminal conviction from affecting your life.
Common Offences Where a Discharge Without Conviction May Be Considered
While each case is evaluated on its own merits, discharge without conviction is often considered for less serious offences, such as:
- Drink-driving (particularly for first-time offenders and low-level offences)
- Minor assault
- Theft or shoplifting
- Drug possession (small quantities)
- Disorderly behaviour
- Careless driving
Why Choose Patel Nand Legal?
With years of experience in guiding clients through the discharge without conviction process, our team understands the importance of preparing a thorough and persuasive case. We take the time to carefully evaluate your situation, gather the necessary evidence, and advocate on your behalf.
If you're searching for a criminal lawyer in Auckland or wondering how to apply for a discharge without conviction, Patel Nand Legal is here to support you. Reach out to us for expert guidance tailored to your needs.
