Discharge without conviction
We have a high success rate in achieving discharges without conviction. This gives you a second chance by not having a conviction entered on your record.
A criminal conviction on your 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.
We can assess your case and advise you whether an application for a discharge without conviction is appropriate. A successful 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 in 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. The Clean Slate Scheme conceals convictions only if you are eligible and within NZ.
We also are able to recommend programs that may aid in strengthening your application.
CASE EXAMPLE 1:
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:
Our female 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:
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:
Our male 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 an immigration lawyer from the UK who explained the impact of the conviction on his proposed entry to the UK. Our client was granted a s106 discharge without conviction.
CASE EXAMPLE 5:
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.