Does a Conditional Discharge Mean a Criminal Record?

Updated: June 04, 2025
Legally Reviewed by Cory Wilson

One potential negotiation option with the Prosecution or sentencing outcome from a judge in criminal cases in Alberta is a conditional discharge.

While this is often considered a positive outcome for a defendant, because it provides an opportunity to avoid a criminal conviction, there are some caveats. Notably, a discharge may not result in a conviction but that doesn’t mean the defendant’s criminal record is clean.

Let’s find out why this is and how a conditional discharge may impact a person accused of a criminal offence in Calgary.

What is a conditional discharge?

A conditional discharge is when a finding of guilt is made but no criminal conviction is registered and the defendant is released with a set of conditions. 

This type of discharge requires the defendant to either plead guilty or be found guilty after trial but, instead of registering a conviction, the judge discharges the person with a set of conditions, typically involving a probation order. 

The discharge becomes effective once the conditions are successfully completed. This is different from an absolute discharge, where the defendant is released with no probation order or need to meet any conditions.

Failure to adhere to the conditions of the discharge can lead to an even tougher sentence than the original sentence for the underlying crime.

A conditional discharge is only available in certain circumstances, usually when a first-time offender faces penalties that would be disproportionately harsh in the circumstances. The focus of this type of sentence is on rehabilitation, especially for first-time or low-risk offenders.

For instance, an 18-year-old with no prior convictions found guilty of shoplifting an item worth $100 and charged with theft under $5000 may be eligible for a conditional discharge. This might be deemed to be in the public interest rather than imposing a criminal record for a conviction and harsh corrective penalties.

Eligibility criteria for a conditional discharge

To be considered for a conditional discharge in Alberta, the following conditions generally apply:

• No prior criminal record: first-time offenders are far more likely to be granted a discharge than repeat offenders.
• Relatively minor offence: the offence should be non-violent and relatively minor, e.g., shoplifting, mischief, obstructing a peace officer, causing a disturbance, etc.
• Not contrary to the public interest: the proposed discharge should not be against the public interest.

Does a conditional discharge appear on a criminal record in Canada?

In Canada, a criminal record is an official record maintained by law enforcement, primarily the Royal Canadian Mounted Police (RCMP) in the Canadian Police Information Centre (CPIC) database. The record documents an individual’s criminal convictions and related information, including the following:

• Convictions for criminal offences under the Criminal Code or Controlled Drugs and Substances Act.
• Court dispositions, such as fines, imprisonment, probation or discharge.
• Findings of guilt (including conditional and absolute discharges).
• Outstanding charges or warrants.
• DNA orders or firearm prohibitions (if applicable)
• Fingerprint-based records.

A conditional discharge is not considered a conviction but it remains on national criminal records for three years after the court decision. However, importantly, the individual avoids a permanent criminal record because, after three years, the CPIC system automatically removes the record. Absolute discharge records are automatically removed after one year.

It’s worth noting that job applicants with a conditional discharge can truthfully state that they have never been convicted of a crime if that is the only blot on their record.

However, local police services, such as the Calgary Police Service, maintain internal records that may not automatically erase the information after three years. This means the local criminal record may still contain the conditional discharge information indefinitely—and this information could still be disclosed in certain types of background checks.

How can a conditional discharge affect background checks?

If you complete the terms of a conditional discharge and the information is erased from national databases after three years, you should encounter few problems with background checks after this time.

However, within the three-year period, you may find that, when applying for certain jobs, employer background checks raise questions. The details of a conditional discharge could even exclude you from certain positions, such as those involving contact with vulnerable sectors of society or roles with law enforcement.

If you travel, volunteer, submit an application to Immigration, Refugees and Citizenship Canada (IRCC) or apply for professional licensing, you may also encounter issues.  

Even after three years have passed, local police may release information about a conditional discharge in some background checks, such as if the person applies for work with children or seniors (vulnerable sectors). 

A criminal defence lawyer can assist in determining if your record is being disclosed improperly and help you navigate the record suspension process if necessary.

Is a pardon necessary after a conditional discharge?

A pardon or request for a record suspension is not necessary after a conditional discharge because records are automatically removed after three years. 

However, to ensure your rights are protected and future opportunities are not adversely impacted, individuals should confirm that the removal of the records has been completed at national and local levels. Sometimes, clerical errors or local police policies or oversight mean that a discharge remains on a person’s permanent record. 

If an automatic purge of the record does not occur and you do not request to have the conditional discharge removed, it will remain on your record permanently and potentially impact you when background checks are conducted.

Call us to arrange a confidential consultation

If charged with a minor criminal offence, you are more likely to be seen as eligible for a discharge if represented by a seasoned criminal defence lawyer familiar with the local court system in Calgary. 

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.