Absolute discharge vs conditional discharge: what shows up on your criminal record check

What is an absolute discharge?

The meaning of an absolute discharge is simple: the court finds you guilty, does not register a conviction and gives you no conditions to follow. Legal Aid Ontario describes it as the lowest-level adult sentence available. Once it is granted, your case is over. You do not go back to court and you do not report to a probation officer Legal Aid Ontario.

An absolute discharge in Canada stays on your RCMP record for 1 year from the date you were sentenced. After that, the RCMP seals it.

What is a conditional discharge?

The meaning of a conditional discharge is almost the same, with one difference: conditions. The court finds you guilty and does not register a conviction, but you must follow the conditions in a probation order Criminal Code, s. 730(1) Legal Aid Ontario.

If you follow the conditions, no conviction is ever registered. A conditional discharge stays on your RCMP record for 3 years from the date you were sentenced, and is then sealed.

When can a court give a discharge?

The conditions are set out in section 730 of the Criminal Code. A court can only grant a discharge when all 4 of these are true:

1. 1

   The accused is a person, not an organization.

2. 2

   The offence has no minimum punishment set by law.

3. 3

   The offence is not punishable by 14 years or life in prison.

4. 4

   The court considers a discharge to be in the best interests of the accused and not contrary to the public interest.

Source: Criminal Code, s. 730(1).

This guide explains what a discharge means for your record once you have one. Whether you can get one in your own case is a question for a criminal defence lawyer.

Absolute vs conditional discharge, side by side

Is an absolute or conditional discharge a conviction?

No.When a court grants a discharge, you are deemed not to have been convicted of the offence Criminal Code, s. 730(3). That applies to both types. An absolute discharge is not a conviction, and a conditional discharge is not a conviction either, as long as it is not cancelled for breaking the conditions.

The law makes 3 narrow exceptions, all about the court case itself:

• 01You can appeal the finding of guilt as if it were a conviction.
• 02The prosecution can appeal the court’s decision not to convict you.
• 03You cannot be tried again for the same offence.

What a discharge does involve is a finding of guilt. The court decided you committed the offence, and then chose not to convict you. That distinction matters in 2 places: forms that ask whether you have ever been “found guilty”, and the US border. Both are covered below.

How long does a discharge stay on your record?

The RCMP maintains the National Repository of Criminal Records, the national database that police checks search. For discharges, it follows the schedule in the Criminal Records Act RCMP:

Once that period has passed, the Criminal Records Act, s. 6.1 says the record, and even the fact that you were discharged, cannot be disclosed by the RCMP or any federal department or agency without the approval of the Minister. It also requires the RCMP to remove references to the discharge from its automated criminal record system.

The clock starts at sentencing, not when probation ends

This is the most common mistake people make about conditional discharges. The 3 years run from the sentencing date, not from the end of your probation RCMP Legal Aid Ontario.

Example: you receive a conditional discharge with 2 years of probation on March 1, 2025. Your probation ends on March 1, 2027. The record is sealed on March 1, 2028, 3 years after sentencing.

Discharges from before July 24, 1992

If an absolute discharge criminal record or conditional discharge from before July 24, 1992 still appears, you can ask the RCMP to seal it for free. The RCMP asks you to complete its request form and mail it with these details RCMP:

Youth discharges

Discharges given under the Youth Criminal Justice Act follow youth rules. The RCMP destroys a youth absolute discharge record 1 year from the sentence date and a youth conditional discharge record 3 years from the sentence date RCMP.

Local police records

The Criminal Records Act governs the RCMP and federal agencies. Local police services keep their own files. In Ontario, the Police Record Checks Reform Act, 2015 applies the same 1-year and 3-year limits to every police record check Government of Ontario. In other provinces, a local police check can follow provincial rules and local policy, so if you are asked for a check from your local police service, ask what it discloses.

Will a discharge show up on a criminal record check?

It depends on 2 things: the type of check, and whether the discharge is still inside its window. Ontario’s law is the clearest example in Canada, because it spells out what each check may show. Here is how an absolute or conditional discharge in Ontario appears on each type of check Government of Ontario:

MyCheck follows the same split. Level 1 covers criminal convictions. Level 2 adds absolute and conditional discharges still inside their disclosure windows, along with outstanding charges, warrants and court orders. Compare the levels in full.

One exception: some checks are exempt from Ontario’s rules and can show more than a vulnerable sector check. Ontario gives firearms licence applications, child custody and adoption as examples Government of Ontario.

Which MyCheck level should you order?

Discharges and job applications

Does an absolute discharge affect employment? It can while it is still visible, if the employer asks for a Level 2, judicial matters or vulnerable sector check. After the window, a police record check should not show it.

Read the question on the form carefully

Application forms ask different questions, and the difference matters:

• “Have you ever been convicted of a criminal offence?”Under section 730(3) of the Criminal Code, a person who received a discharge is deemed not to have been convicted of that offence.
• “Have you ever been found guilty?”A discharge does involve a finding of guilt.
• “Have you ever been charged?”This asks about the charge itself, whatever the outcome.

Some regulators and licensing bodies ask about findings of guilt, not only convictions. Answer the question that is actually asked. If you are unsure how it applies to you, ask a lawyer before you submit the form.

Your result comes to you first

In Ontario, the results of a police record check are released to you first so you can confirm they are factually correct before you allow them to go to anyone else Government of Ontario. A MyCheck certificate works the same way: it goes to you, and you decide who sees it.

Applying for a job that asks for a Level 2 or judicial matters check? Run the same level on yourself first for $49, and go into the process knowing exactly what it shows. If your discharge is still visible, you can decide how to explain it on your own terms.

Employers have rules too

Organizations that request police record checks for employment or licensing in Ontario must follow the Ontario Human Rights Code and other relevant laws, and cannot request a check without your knowledge and consent Government of Ontario.

Travelling to the United States with a discharge

This is where a discharge can cause the most trouble, especially a conditional discharge, because the US does not apply Canadian law.

• The US can see active Canadian records. Canada and the United States share criminal record information. US law enforcement and border agencies have limited access to active records in the national repository. The RCMP recommends contacting a country’s point of entry before you travel, because each country decides its own entry rules and the RCMP has no control over them RCMP.
• Border agents can see a discharge while it is on your record. Legal Aid Ontario notes this, and suggests it may be best not to travel outside Canada during that time Legal Aid Ontario.
• US law defines “conviction” differently. For US immigration purposes, a conviction includes a case where a court withheld a formal judgment of guilt, if the person was found guilty or pleaded guilty and the judge ordered some form of punishment, penalty or restraint on their liberty 8 U.S.C. 1101(a)(48)(A). The US State Department also tells its officers that whether a conviction exists is a factual finding for them to make, independent of any official record in a database 9 FAM 302.3.

A conditional discharge combines a finding of guilt with a probation order. So the US may treat it as a conviction even though Canada does not, and sealing the record in Canada does not control what US officers decide.

Not a Canadian citizen? A discharge can also raise questions under Canadian immigration law. Speak to an immigration lawyer about your own situation.

Do you need a record suspension for a discharge?

No.The Parole Board of Canada says you do not need to apply for a record suspension, formerly called a pardon, if you have only received an absolute or conditional discharge Parole Board of Canada. Discharges granted on or after July 24, 1992 are sealed on schedule, and older ones can be sealed free on request.

If you also have convictions, those are a separate matter and may need a record suspension. How long is a criminal record check good for explains record suspensions, waiting periods and fees.

How a discharge compares with other outcomes

People often confuse a discharge with other ways a criminal case can end. Here is how they differ on a check in Ontario, where the rules are written into law Government of Ontario RCMP:

A few notes on the table:

• Withdrawn, dismissed or stayed charges are non-conviction information. They can appear on a vulnerable sector check only when a strict legal test is met. You can ask the police service that laid the charge to destroy that information RCMP.
• Peace bonds get their own guide in this series.
• Ontario convictions for summary-only offences are not disclosed on a police record check requested more than 5 years after the conviction. How long is a criminal record check good for explains this rule and the 2026 change to it.

What if a discharge still shows up after its window?

For discharges granted on or after July 24, 1992, sealing is automatic. If a check still shows one after its window, act on it:

1. 1

   Check the dates.

   Count from your sentencing date, not the end of probation.

2. 2

   Ask for a correction.

   In Ontario, you can ask the police record check provider how to seek a correction if you believe information should not be included Government of Ontario.

3. 3

   For discharges before July 24, 1992

   Use the RCMP’s free request form to have the record sealed.

4. 4

   Check again once it is fixed.

   Run a Level 2 check to confirm the discharge no longer appears before you send a certificate to anyone.

Frequently asked questions

Sources

This guide is general information, not legal advice. Laws change, and how they apply depends on your situation. Check the official sources below, and speak to a lawyer about your own case.

Last reviewed: September 30, 2026