Conditional discharge is defined under Sections 730 and 731 of the Criminal Code. It is a measure that makes it possible for the individuals charged to avoid having a criminal record, for they are deemed not to be convicted of the offence (although they are nevertheless found guilty).
Conditional discharges have the same effect as an unconditional discharge, except they are subject to a probation order for generally one or two years.
This probation is ordered by the Judge in order to 1) promote the reintegration of delinquents into society by forcing them to make a donation for example or do community work; 2) provide for public safety by forbidding the individuals charged to contact certain people or be found within certain places.
The differences between conditional and unconditional discharges are as follows:
1) conditional discharges only disappear after three years (rather than one year)
2) fingerprints are only deleted upon expiry of the probation
3) US customs may consider that conditional discharges are the same as a criminal record
4) certain Canadian employers refuse to hire individuals who are on probation.
Why would a Judge choose to grant a conditional discharge rather than without probation?
This is generally because the Prosecutor agrees to submit a joint suggestion to the Judge, subject to the Defence consenting to add certain conditions to the discharge. It can also be because of some agravating factors perceived in the case by the Judge, which have caused the latter to add some conditions to the discharge.
