Conditional Discharge Vs. Pardons
Today Express Pardons will discuss Conditional Discharges Vs Pardons, also known as record suspension. When a judge uses a conditional sentence, they are doing so only if they are convinced you will not be a danger to the community and your record is clear in relation to obeying orders of the court. This type of sentence is simply a jail sentence which instead of being served in jail, you will instead serve in the community.
A Conditional sentence cannot be granted if the criminal code has listed the crime as a violent offense, the sentence is longer than 2 years or if the law has set a minimum jail term. This type of sentence typically has strict conditions in including a curfew, and if you choose to disobey the conditions given, a judge can easily send you to jail for the rest of the time remaining on your sentence.
If you have a minor offense and no previous history of similar offenses, the judge may look at granting you a discharge. When we look at a discharge, this means that the judge finds you guilty, but instead of convicting you, he gives you a discharge. In this event you are required to convince the judge that a discharge is appropriate. The judge will then consider your character and whether a discharge is against public policy, or a possible option.
Conditional Discharge Vs. Pardons
There are two types of discharge: Absolute and Conditional. Most discharges are conditional.
A conditional discharge means you’re on probation with specified conditions, and if you obey the conditions until the end of the probation, the law will then treat you as if you had not been convicted of a crime. On the other hand, if you don’t obey the conditions, or complete your probation, you can be charged with breach of probation.
Records of discharges are kept by the police and courts under the Criminal Records Act. If you are involved and convicted of another criminal offense at a later date, the court can consider your earlier discharge, and if the police check your record, they might see your discharge. The RCMP removes conditional discharges 3 years after the date of the sentence. If you want to ensure your discharge is removed, you can apply apply for a Pardon.
Call Express Pardons at 1-866-416- or visit www.expresspardons.com for more information.