How Can I Avoid A Criminal Record?

This question comes up a lot when we meet with clients, and for good reason. We understand that having a criminal record can be damaging to your career and your personal life. But don’t despair: It is possible to get through this ordeal without a criminal record.

Depending on the details of your case, you could avoid having a criminal record in one of the following ways:

Withdrawal of Charges: The Crown can withdraw any criminal charge before a plea is entered in open court. This can happen after a skilled criminal defence lawyer, prior to trial, demonstrates deficiencies in the Crown’s case.
Stay of Proceedings: Any time before a final judgment is rendered in a case, the Crown may stay the proceedings and stop the prosecution. In this case, the accused person can be released from custody and the Court has no power to intervene to require the continuation of the prosecution. However, the Crown does have the power to recommence the prosecution after a stay of proceedings has been entered. For this reason, it is better to get a withdrawal of charges.
Absolute or Conditional Discharge: A discharge serves as an alternative to convicting an accused person. Where the discharge is “conditional”, the person must satisfy the terms prescribed in a probation order. These conditions can include staying within a certain geographic area and/or visiting with a probation officer.
Peace Bonds: In some cases, there can be a withdrawal of all charges in return for the signing of a peace bond and agreeing to keep the peace and maintain good behaviour.
Diversion Programs: Various alternative programs exist across Canada for persons accused of a crime. Completion of these programs, such as anger management classes in assault cases, can sometimes lead to charges being dropped and clients avoiding a criminal record. Other types of diversion programs include Restorative Justice, Drug Treatment Court, Extrajudicial Sanctions, and Ottawa Mental Health Court. For more information on diversion options that might apply to you, please contact a criminal defence lawyer.

Overall, when you meet with your lawyer, you need to discuss possible solutions on the “front-end” of your case that will allow you to avoid a trial and a criminal record. It is true that our firm has a great track record at trial, but trial outcomes are impossible to predict! In many cases, avoiding a trial is the best option to ensure that you avoid having a criminal record.