Deciding whether or not to apply for a discharge without conviction can be a difficult decision. On one hand, a criminal record can have a major impact on your life, making it more difficult to find employment, housing, and travel opportunities. On the other hand, the application process can be costly and time-consuming, and there is no guarantee that your application will be successful.
In this blog post, we’ll go over some of the key factors you should consider before applying for a discharge without conviction. We’ll talk about the eligibility requirements, the application process, and the potential outcomes of your application. By the end of this post, you should have a better understanding of whether or not a discharge without conviction is right for you.
Eligibility Requirements
In order to be eligible for a discharge without conviction, you must meet all of the following criteria:
-You must have been aged 17 or over at the time of the offence
-The offence must not be classified as a serious crime
-The offence must not have resulted in any actual bodily harm to another person
-You must not have been convicted of any other offences within 7 years of the offence in question
-You must not have been discharged without conviction for any other offences within 2 years of the offence in question
-You must not be currently serving a sentence of imprisonment
-You must have pleaded guilty to the offence
-You must be considered to be low risk of reoffending
-The Court must be satisfied that a conviction would cause you undue hardship.
If you do not meet all of these criteria, you will not be eligible for a discharge without conviction.
Application Process If you decide to apply for a discharge without conviction, there are several steps you will need to take. First, you will need to obtain character references from people who know you well and can attest to your good character. Second, you will need to obtain supporting documentation such as employment records or medical reports. Third, you will need to file an application with the Court and pay the applicable fees. Finally, you will need to appear before a Judge or Justice of the Peace to make your case for why you should be discharged without conviction. Outcomes of Application There are three possible outcomes when applying for a discharge without conviction: granted, declined, or adjourned. If your application is granted, then your charges will be dismissed and you will not have a criminal record. If your application is declined, then you will be convicted and will have a criminal record. If your application is adjourned, then your case will be put on hold for up to 12 months so that evidence of your good character can be gathered. After 12 months, if the Court is still satisfied that granting a discharge would cause undue hardship, then your application will be declined and you will be convicted. Conclusion: Deciding whether or not to apply for a discharge without conviction is a difficult decision that should not be made lightly. There are many factors that need to be considered before making a decision. We hope that this blog post has given you some food for thought and helped you make an informed decision about whether or not applying for a discharge without conviction is right for you.