Section 106 Discharge without Conviction Application and keeping your record clean

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Have you recently pleaded guilty or been found guilty of a criminal offence?

Are you going to be sentenced in the near future?

You may be able to apply for a discharge without conviction under section 106 of the Sentencing Act 2002.

What is a discharge without conviction?

  • This is the equivalent to being found not guilty or obtaining an acquittal for an offence.

When is the application made?

  • An application for a discharge without conviction can be made after a person has pleaded guilty or a trial has occurred and the person has been found guilty.
  • The application is considered during sentencing and can prevent a person having a criminal record.

Why would I want this?

  • A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. It is a great opportunity for people that want to apply for jobs, as any drink driving or dishonesty offences could be detrimental to your future employment.
  • If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so.

Doesn’t the Criminal Records (Clean Slate) Act 2004 protect me from a criminal record?

  • The Clean Slate Scheme conceals convictions for you ONLY if you are eligible. When a person gets a criminal record it does not go away.
  • The Clean Slate scheme does protect you against particular convictions in certain circumstances but not necessarily all; there are requirements of which all have to be met in order for this.
  • The Clean State only applies to what convictions need to be disclosed for certain purposes.   The convictions remain for life.  For a number of jobs this scheme will not protect you if your prospective employer requests a copy of your actual conviction list from the Ministry of Justice.

Enquire with our team to assist you through this process.

What is the test to be granted a discharge without conviction?

  • The judge can only discharge without conviction if the direct and indirect consequences of a conviction would be all out of proportion to the seriousness of the offence.
  • It can also only be given if the particular offence in question does not have a minimum sentence.

What is the difference between a discharge without conviction and a diversion?

  • The Police Adult Diversion Scheme (diversion) is a scheme that provides an opportunity for Police to deal with some offences and/or offenders without going through formal court prosecution. The purposes of diversion are to: address offending behaviour that has resulted in charges. If an offender completes agreed conditions the Prosecutor can seek to have the charge withdrawn and a conviction will not be recorded.
  • The Police Prosecution Service is responsible for the Police Diversion Policy. It also administers and operates the diversion scheme.
  • A discharge without conviction on the other hand is an application made to the court and is made by the offender to be decided by a judicial officer.
  • Note also you can be discharged without conviction even if a Police Diversion has been declined or if you have already been granted a Diversion in the past.

Our team can provide legal advice about your eligibility for diversion and a discharge without conviction. Contact us today!

Who to contact?

  • Our team at Bloem and Associates, criminal defence specialists, are highly skilled and experienced in making these applications to the court for a variety of offences.  You need a specialist criminal lawyer to navigate your through the process.
  • Call Anoushka Bloem 0215000584 or Anne Fisher 02102341524
  • There is a three-stage process that is involved in the application, which we can work through as well as apply our legal research to provide you with the best outcome.
  • We have the knowledge and expertise to guide you through the process to complete the application.
  • We also are able to recommend programs that may aid the success of your application depending on the offence such as drug/alcohol or violence programs.

Feel free to contact our team today to enquire more about your case and let us help you with regards to filing a section 106 application today.


  • Leave us a message or get in touch and we will get back to you as soon as possible to discuss your case and offer you a FREE quote for the likely costs.