A finding of guilt is made in a conditional discharge just like in an absolute discharge, but no conviction is registered. However, unlike an absolute discharge, a conditional discharge comes with conditions that the offender must follow, which are outlined in a probation order.
If you receive a conditional discharge, the duration for which it remains on your criminal record depends on the date of sentencing. If you were sentenced on or after July 24, 1992, the conditional discharge will stay on your record for three years from the date of sentencing. After this period, the Royal Canadian Mounted Police (RCMP) will seal your conditional discharge record. On the other hand, if you received a conditional discharge before July 24, 1992, you can request the RCMP to seal your record by sending a written request.
If you received a conditional discharge before July 24, 1992, and it still appears on your record, you can request to have it sealed for free. To do so, complete the Requesting to Seal Absolute and/or Conditional Discharge form and mail it to the Legislative Conformity unit of the RCMP at the following address:
Royal Canadian Mounted Police
Legislative Conformity
Box 8885
Ottawa, Ontario
K1G 3M8
The following information must be included in your request:
- Your full name (including any aliases or maiden name)
- Your date of birth
- Your complete return mailing address
- Your phone number, including the area code
- Relevant details about your offence(s), including the charges laid, sentence received, and the date of sentencing (also known as the date of disposition).