How to Apply for a Discharge Without Conviction in New Zealand
One of the questions I’m asked most often is:
“Will this go on my permanent record?”
For many clients especially first-time offenders the fear of a conviction is more damaging than the charge itself. A conviction can impact travel, job opportunities, immigration, professional registration, and even your mental health.
But in some cases, the court may agree that a conviction is not necessary or fair. That’s where a discharge without conviction comes in.
At Anj Singh Law, I’ve helped people across Auckland and New Zealand apply for and receive discharges without conviction under Section 106 of the Sentencing Act 2002. Here’s what you need to know if you're considering this option.
What Is a Discharge Without Conviction?
A discharge without conviction means that although the court accepts you are guilty of the offence, you are not convicted and no criminal record is entered against your name.
The law allows for this if the consequences of a conviction would be out of all proportion to the seriousness of the offence.
Who Can Apply?
You may be eligible if:
You’ve pleaded guilty to a relatively low to moderate offence
You’re a first-time offender
You can show that a conviction would harm your job, immigration status, family, mental health, or future plans
You’ve shown remorse and taken steps to make things right
This is a discretionary decision by the judge not a right. That’s why the way you prepare and present your application is so important.
How I Help Clients Apply
As your lawyer, I take the time to understand your background and build a strong, tailored submission. Here’s what the process typically involves:
Step 1: Assess Eligibility
We talk through your offence, background, and what you’d lose if a conviction is recorded like employment, residency, custody arrangements, or overseas travel.
Step 2: Gather Supporting Evidence
This may include:
Letters from employers or immigration advisors
Proof of job loss, missed opportunities, or cancelled visas
Medical or psychological reports
Character references
Cultural reports under Section 27, if applicable
Evidence of rehabilitation, remorse, or restorative justice
Step 3: Draft the Submission
I prepare a detailed legal argument explaining:
The circumstances of the offence
Why a conviction would cause disproportionate consequences
Why a discharge would still hold you accountable, without damaging your future
Step 4: Represent You in Court
At sentencing, I present your case clearly and confidently. Judges respond to well prepared, respectful submissions backed by evidence. I make sure your side is fully understood.
Real Life Examples
I’ve helped:
A nurse retain her registration by avoiding a conviction for a minor drug offence
A teacher keep her job after a domestic incident was resolved with restorative justice
A migrant avoid visa issues after a one-time shoplifting charge
A young person continue international study after a disorderly conduct offence
Each story is different. What matters is showing the court that you are more than this charge.
Don’t Let One Mistake Define You
A discharge without conviction won’t suit every case. But if it’s available, it can be the difference between a fresh start and a permanent barrier.
📞Contact Us Now If you’ve been charged and are worried about the consequences, contact me early. The sooner we prepare, the stronger your chances.
Disclaimer: This blog is for general information only and does not constitute legal advice. Every case is different. To find out if you qualify for a discharge without conviction, speak to a qualified criminal defence lawyer.
