Discharge without conviction
We have a high success rate in achieving discharges without conviction – also known as s106. This gives you a second chance by not having a conviction entered on your record.
Having a criminal record can leave a black mark against your case for many years to come. It is important to get advice from an experienced criminal defence lawyer when undertaking this process.
At Bloem Law, our defence lawyers can assess your case and advise you whether an application for a s106 is appropriate. A successful s106 application will result in no conviction appearing on your record. This is equivalent to being found not guilty or obtaining an acquittal for an offence allowing you to live an uncompromised life.
A discharge without conviction may be particularly important in drink driving, dishonesty offences or any offence that could be detrimental for future employment.
If you are planning overseas travel and require immigration or other visas to leave the country, a criminal conviction could prevent you doing so. If eligible, the Clean Slate Scheme may apply to you and can conceal such convictions.
We can also recommend programs that may aid in strengthening your s106 application.
CASE EXAMPLE 1: Theft
Our 18 year old client stole a bottle of wine from a shop when he was under the influence of alcohol. He had long-term aspirations to enter the NZ Police. He had already started the study and training. He was successful in being granted a s106 discharge without conviction.
CASE EXAMPLE 2: Domestic Violence
Our client was charged for a domestic incident that occurred at her home address with her abusive ex-partner. After completing counselling and providing an expert report on the impact of the prior domestic violence inflicted upon her, the s106 application for a discharge without conviction was successful.
CASE EXAMPLE 3: Careless Driving
Our client was charged for accidentally hitting a male pedestrian while reversing his car. He was granted a s106 discharge without conviction and avoided a disqualification for a charge of careless driving causing injury.
CASE EXAMPLE 4: Assault
Our client was charged in relation to an assault on his partner while he was going through severe depression. The couple planned on moving back to the UK however he was on a New Zealand passport. We obtained an expert affidavit from a UK immigration lawyer who explained the impact of the conviction on our client’s proposed entry to the UK. Our client was granted a s106 discharge without conviction.
CASE EXAMPLE 5: Indecent Assault
Our 80 year old client was charged with indecent assault that occurred 20 years ago against his granddaughter. He denied the charge but was found guilty at trial. He was granted a s106 discharge without conviction due to his rehabilitation, his age, the fact that he was very low risk and presented very low risk of any future offending. An expert report by an experienced psychologist was provided to the Court outlining his risk factors.
If you need an experienced Auckland criminal defence lawyer to assess your case and advise you whether a s106 application for a discharge without conviction is appropriate, contact Bloem Law.