Discharge Without Conviction in New Zealand: A Second Chance Worth Fighting For
When people walk into my office after being charged, one of their biggest fears is:
“Will this follow me for the rest of my life?”
It’s a fair question. A conviction can limit travel, wreck career opportunities, complicate visa applications, and carry lifelong stigma. But here’s the thing most people don’t know: sometimes, even if you plead guilty, you don’t have to be convicted.
That’s what a discharge without conviction is. And for the right person in the right situation, it can be the difference between a closed door and a second chance.
What Is a Discharge Without Conviction?
A discharge without conviction is a special sentencing option under Section 106 of the Sentencing Act 2002. It means that the court accepts you’ve committed an offence, but chooses not to enter a conviction because doing so would be out of proportion to the seriousness of the offence.
Put simply, the judge says:
“Yes, you made a mistake but a conviction would be too harsh given the impact it would have on your life.”
Who Might Qualify?
This is not about being let off the hook. It’s about fairness.
You might qualify for a discharge without conviction if:
This is your first offence
The offence is low to moderate in seriousness
A conviction would cause extreme consequences, such as:
Losing your job or professional registration
Being denied a visa, residency, or citizenship
Being unable to study overseas or travel
Losing custody or access to your children
Experiencing mental health issues triggered by a conviction
You’ve shown genuine remorse, taken steps to make things right, and shown the court you’re learning from the experience
Why Judges Grant Discharges
A judge will only grant a discharge without conviction if three things are met:
You’ve pleaded guilty
The consequences of conviction would be extreme
Those consequences would be out of proportion to the offence itself
As a lawyer, my job is to prove all three and back it up with solid evidence.
What I Do for My Clients
Every person’s story is different. That’s why I spend time getting to know my clients, their background, and what’s really at risk for them if they’re convicted.
I help clients:
Collect strong evidence including employment contracts, immigration advice, medical reports, or cultural assessments
Draft persuasive legal submissions that explain the full picture—not just the offence, but the person behind it
Speak to the court with clarity and compassion, making sure your voice is heard in the sentencing process
Navigate tough questions from judges with dignity and preparation
I’ve secured discharges for nurses, migrants, tradespeople, students, young parents—you name it.
Your Mistake Doesn’t Have to Be the End of the Story
If you’re reading this and you’ve been charged, I want you to know: you’re not alone, and your situation is not hopeless. The courts in New Zealand are capable of compassion. But compassion needs to be earned and that’s where I come in.
📞 Contact Us Now If a conviction would ruin your future, call me today. Let’s talk through your options, prepare your application properly, and put your best foot forward in court.
You only get one shot at this. Make it count.
Disclaimer: This blog is intended as general information only and does not constitute legal advice. If you’re facing charges and want to explore whether a discharge without conviction applies to your case, contact a qualified lawyer for personalised advice.
