Discharge Without Conviction — Auckland
Protect your
record with a
discharge.
Even if you have done something wrong, a criminal conviction isn't inevitable. New Zealand courts have the power to discharge without conviction — and Sam makes these applications regularly and successfully.
- Application under s106 and s107 of the Sentencing Act 2002
- Two-stage test from Z v R [2012] NZCA 599
- Available for most charge types if criteria are met
- Protects employment and professional registration
- Preserves overseas travel ability
- Prevents deportation risk for non-citizens
- Strong written submissions and supporting evidence prepared
What you need to know
How a discharge without conviction works.
Under section 106 of the Sentencing Act 2002, a New Zealand court can discharge a person without recording a conviction — even where the charge has been proven or admitted. If granted, you leave court with no criminal record for that matter. The conviction does not just disappear from public view. It does not exist.
The court applies a two-stage test, established by the Court of Appeal in Z v R [2012] NZCA 599. At stage one, the court must be satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offending. If stage one is made out, the court moves to stage two — under section 107, it considers whether it is appropriate in all the circumstances to discharge without conviction. Even where stage one is satisfied, the court retains a discretion at stage two, which is why the overall picture matters.
The consequences that carry the most weight at stage one are specific and evidenced — not generic. Courts hear these applications regularly and give little weight to vague claims about career or travel. Consequences that courts treat seriously include specific employment consequences (risk of job loss or loss of professional registration), travel restrictions (many countries including Australia, Canada, the UK, and the USA deny or restrict entry to people with convictions), and immigration consequences for non-citizens where a conviction could trigger deportation liability.
At stage two, the court looks at the full picture — the gravity of the offending, your character and background, steps taken since the offending, remorse, and the likelihood of reoffending. A well-prepared application addresses both stages with specific evidence and properly structured submissions.
I will give you a direct and honest assessment of whether an application is realistic in your case — and if it is, I will prepare it properly.
The two-stage test
Stage one: would a conviction be out of all proportion to the gravity of the offending? Stage two: is it appropriate in all the circumstances to discharge? Both stages must be addressed — and a failed application can affect how the court views sentencing.
Employment & professional registration
A conviction can end a career in healthcare, law, finance, education, or any role requiring a security clearance. The risk must be specific and evidenced — a general statement about employment concerns carries little weight.
Travel & immigration
Australia, the USA, Canada, and the UK all have entry requirements affected by criminal convictions. For non-NZ citizens, a conviction can also trigger a liability to deportation. These consequences need to be specifically documented.
What charges qualify?
A discharge without conviction is available for most offences. Sam has successfully made applications for driving charges, assault, drug possession, dishonesty offences, and more. The key is assessing early whether the application is realistic and preparing it properly if it is.
Get in Touch
Get an honest assessment.
Sam will tell you early whether a discharge application is realistic in your case — and if it is, he will prepare it properly.
Call Sam directly
022 690 5828
Available 7 days. All enquiries strictly confidential.