Discharge Without Conviction

The Overview

Facing a criminal or traffic charge is a daunting experience, but the most severe and lasting consequences often come from the conviction itself. A criminal record can significantly impact your future, affecting your employment prospects, your ability to travel internationally, and your reputation. At CJ Legal, we understand how critical it is to avoid these outcomes. Even if you have entered a guilty plea, one of the most powerful options we pursue for our clients is a Discharge Without Conviction under Section 106 of the Sentencing Act 2002.

Our Approach to Your Defence

01

Comprehensive Legal Insight

Achieving a discharge requires a formal court application. A judge must be convinced that the consequences of a conviction, like losing your job or ability to travel. are 'out of all proportion' to the seriousness of the offence. To prove this, we prepare and present detailed evidence, such as affidavits and references, to make the strongest possible case on your behalf.

02

Thorough Case Analysis

Achieving a discharge without conviction requires a sophisticated understanding of the law. Eric Chen’s extensive background as a police officer and prosecutor gives him an invaluable perspective on the justice system. CJ Legal knows how the prosecution operates and how to build a case that effectively highlights the disproportionate impact a conviction would have on you, your family, and your future. We fight to protect your opportunities and maintain your personal integrity.

Previous Cases

University Student Police Pursuit Discharge

University business student charged with aggravated failing to stop and dangerous driving granted discharge without conviction. Academic and career prospects protected.

Driver got discharged for not carry a log book

Limited Licence Breach Discharge

Limited licence logbook breach results in discharge without conviction at Manukau District Court. No additional disqualification imposed despite licence condition violation.

Bus driver discharged from drink driving

Bus Driver Discharge Appeal Success

Bus driver with 840mcg reading granted discharge without conviction on appeal. North Shore District Court judge recognised disproportionate consequences and granted relief.

Frequently asked questions

Courts assess three factors under Section 106 of the Sentencing Act 2002:

Gravity of the offence (seriousness of your specific offending)
Direct and indirect consequences of a conviction (e.g., job loss, deportation, education barriers)
Whether consequences are "out of all proportion" to the offence

Common successful cases:

✔ First-time offenders

✔ Minor offences with severe professional/licensing impacts

✔ Cases where conviction would cause exceptional hardship

Strong DWC applications require:

Affidavits from you (explaining the personal/professional impact)
Support letters (employers, industry bodies, family)
Proof of consequences (e.g., employment contracts showing dismissal clauses, visa requirements)
Evidence of remorse/rehabilitation (counselling records, community service)

Tip: Generic statements like "it will affect my future" are insufficient – courts want specific, verifiable evidence.

Let us represent you

Do you want to be discharged without conviction? We are here to help.