Section 106 Discharge Without Conviction: How It Works and Who Qualifies
Being found guilty of an offence does not always have to result in a conviction. In some cases, the court has the power to discharge a person without recording a conviction, under Section 106 of the Sentencing Act 2002.
This legal option can be life-changing. A conviction can affect your employment, travel, immigration status, or personal reputation. But when the consequences of a conviction are clearly out of proportion to the offence, the law allows for fairness and compassion to prevail.
At Anj Singh Law, I have successfully helped many clients apply for and receive a discharge without conviction. This blog explains what it means, who may qualify, and how to give your application the best chance of success.
What Is a Discharge Without Conviction?
A discharge without conviction is a legal outcome where the court finds that, although the defendant is guilty, a conviction should not be entered on their record. This means the person is effectively cleared without a formal criminal record, even though they have admitted guilt or been found guilty.
This discretion is available under Section 106 of the Sentencing Act 2002.
How Does the Court Decide?
The judge must be satisfied that the consequences of a conviction would be out of all proportion to the seriousness of the offence.
This is not a free pass. It requires careful legal argument and supporting evidence. The judge will weigh:
The nature and seriousness of the offence
The circumstances in which it was committed
The personal background of the defendant
The likely impact a conviction would have on employment, travel, education, or immigration
Any rehabilitation, remorse, or community support already shown
Each case is different. Even a relatively minor offence can have major consequences depending on a person’s profession, visa status, or personal circumstances.
Who Might Qualify?
While there is no fixed list of who qualifies, courts are more likely to grant a discharge without conviction in situations where:
You are a first-time offender
If you have no prior criminal history and the offence was out of character, this can work in your favour.
You face disproportionate consequences
For example, a conviction may:
Cost you your job or professional registration
Prevent international travel for work or family reasons
Negatively affect an immigration application
Stop you from gaining future employment in your chosen field
You have taken responsibility
The court will consider any actions taken to show remorse or accountability, such as:
Attending counselling or treatment
Paying reparations
Writing a letter of apology
Completing voluntary work
Engaging with restorative justice
You have a compelling personal or cultural background
If there are social, cultural, or trauma-related factors that contributed to the offending, a Section 27 cultural report may support your case.
What Offences Are Eligible?
Most offences are technically eligible for discharge without conviction, but it is more commonly applied to low to moderate offences such as:
Minor assaults
Disorderly behaviour
Shoplifting or dishonesty offences
Drink driving (in exceptional cases)
Possession of small amounts of drugs
It is less likely to be granted for serious violence, sexual offending, or repeat offences—though in rare cases, strong arguments have still succeeded.
Why Legal Representation Matters
A successful application for discharge without conviction depends on more than just a good story. It requires:
Strong written and oral submissions to the judge
Supporting evidence, such as employer letters, immigration risk statements, or professional consequences
Cultural or psychological reports, where relevant
Clear links between the conviction and the disproportionate impact
As an experienced criminal defence lawyer, I have helped many clients across New Zealand avoid convictions through persuasive, strategic submissions backed by evidence that resonates with the court.
Experience You Can Trust. Support You Deserve.
At Anj Singh Law, I know how important a clean record can be for your future. I also understand the human stories behind legal charges the fears, the consequences, and the hope for a second chance.
If you or a loved one has been charged with an offence and is seeking a discharge without conviction, I can guide you through every step of the process. From gathering supporting material to representing you in court, I will fight for the outcome that best protects your future.
📞 Contact Us Now to book a confidential consultation and find out whether a discharge without conviction is possible in your case.
