Applications for discharge without conviction

This is a popular and frequent application made by all our lawyers at Liberty Law.

This application is made after a client has pled guilty to a criminal charge and then seeks to have his conviction discharged, so that in effect he has no conviction or record of a conviction. The reason for this is so he can state that he has no criminal record or convictions on forms when applying for prospective jobs, enrolling to work in a certain fields or professions, or declaring on immigration forms when entering countries other than his own.

The legislation that sets out the requirements for an application of discharge without conviction is the Sentencing Act 2002; specifically sections 106 and 107 are relevant.

It is essential to note:

“That the court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence.”

This test has been described by the Court of Appeal as “a gateway through which any discharge without conviction must pass.”

There is a three step process in applying this test, and at Liberty Law we are extremely familiar and skilled in obtaining such applications. We will be able to advice with up-to-date law on such applications, which will increase the chances of securing a successful discharge without conviction.