What happens after being declared guilty of a criminal offense? For many, a guilty verdict necessarily results in a prison sentence, a fine, or some other form of punishment.
This is not always the case, as a judge may decide to grant absolution to a person who has pleaded guilty or been found guilty. Absolution is one of the sentences provided for in the Criminal Code. It can be a sentence that allows you to avoid the heavy burden of a criminal record.
Thus, absolution allows the court to recognize that you are guilty of the offense you were accused of, without imposing a traditional sentence on you. There are two types of absolution: unconditional absolution and conditional absolution.
Unconditional absolution vs. conditional absolution: what's the difference?
Unconditional absolution means that if you are absolved, you will not have a criminal record. In the case of unconditional absolution, the court does not impose any penalty or condition to be met in order to continue to benefit from the absolution. For example, you will not be asked to pay a fine or complete community service. The Royal Canadian Mounted Police will still receive a probation order that will be erased after one year.
Conditional discharge, as the name suggests, is subject to certain conditions. Just like an unconditional discharge, it allows the accused to not have a permanent criminal record. If you are granted a conditional discharge, you will instead have a temporary criminal record.
Thus, your criminal conviction will appear in your criminal record for a period of 3 years after the end of the probation order. In addition to that, your discharge will depend on whether you comply with certain conditions. For example, the judge may require you to make a donation to a charity organization, compensate the victim, or complete community service.
You may also be prohibited from doing certain things, such as communicating with certain people or frequenting certain places. In order to benefit from the advantages of the discharge, you must comply with the conditions associated with your discharge until the end of the probation order.
How to obtain a discharge?
Granting an absolute discharge is not possible in all cases. Certain criteria defined by law must be met in order for the court to grant you an absolute discharge.
Absolute discharge is only available for certain offenses
First, if you are accused of an offense with a minimum penalty, you will not be able to benefit from an absolute discharge. For example, the offense of impaired driving carries a minimum penalty of a $1000 fine. Therefore, if you are accused of a drunk driving offense, you will not be able to be absolved. On the other hand, the offense of "simple" assault is not accompanied by a minimum penalty, so this offense may potentially be subject to an absolute discharge.
Moreover, you cannot obtain a discharge if you are convicted of an offense punishable by a 14-year or more prison sentence. For example, armed robbery is an offense with a maximum prison sentence of 14 years or more. A conviction for armed robbery will therefore not open the door to the possibility of obtaining a discharge.
The discharge is in the accused’s true interest
The discharge will only be granted if it is in the "true interest of the accused". This concept may seem a bit fuzzy at first glance, which is why the courts have interpreted the notion of true interest to clarify things a bit.
The judge will evaluate the accused’s situation as well asthe severity of the offense that he or she is accused of. He or she will take into account the fact that you have no criminal record, that you do not pose a risk of reoffending and that the consequences of a conviction would be particularly harmful to you. For example, the criterion of true interest could justify your discharge if you are at risk of losing your job because of a criminal record, or if you need to travel abroad, such as to the United States, to work or visit family.
The discharge must not be contrary to the public interest
Finally, absolution will not be granted if it is contrary to the public interest. The public interest refers to the interests of members of society in general. In order to determine whether absolution would be contrary to the public interest, the judge will take into account the seriousness of the offense and its impact on society. The judge will also consider whether granting absolution is likely to undermine public confidence in the administration of justice.
What are the consequences of absolution?
When the court grants you absolution, you will be deemed not to have been convicted and you will not have a criminal record for the offense you were charged with. However, the Royal Canadian Mounted Police will still keep a record of your criminal record for 1 year if you receive an unconditional discharge, or 3 years if you receive a conditional discharge.
After this delay, the mention of your criminal record will be erased. The court will also keep the mention of your absolution, therefore you will also have to make a request to the court in order for it to be removed.
Attention, it is important to distinguish betweenabsolution and acquittal. When you are acquitted, it means that you are not found guilty of the offense you are accused of. On the other hand, when you receive an absolution, you are found guilty of the offense you were accused of, but you will not have to endure the traditional consequences of a criminal conviction.
What happens if the conditions of the absolution are not respected?
Absolution is the most lenient sentence a court can give you following a guilty verdict or guilty plea. Therefore, if the court imposes conditions for you to follow, it is important not to violate them. In case of non-compliance with the conditions, the court may cancel the absolution and impose any sentence it could have pronounced at the time of conviction.
Turn to JuriGo to find a criminal lawyer who can help you obtain an absolution!
You are accused of a criminal offense and you fear the heavy consequences of having a criminal record? As you may have noticed, obtaining a discharge is subject to several criteria. That is why you will need the assistance of a criminal law specialist to maximize your chances of success in obtaining a discharge!
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