Section 10 No Conviction Recorded

When is it available.

Section 10 no conviction recorded. This section permits a court that finds you guilty of an offence to discharge an offender without recording a conviction. What does the law say. It does not mean that you are not able to travel to the united states.

Because there is no conviction and a criminal conviction will not be recorded. A section 10 allows a court to find you guilty of an offence but to discharge the matter without recording a conviction. You will not face any further penalties for the offence you were dismissed from unless you do something to breach any conditions that are attached to your specific section 10 or conditional release order.

For this reason it is in your best interests that you seek a conviction not be recorded even if you are convicted and punished for an offence. Section 10 allows a magistrate or judge to although finding a matter proven decide not to record a conviction. Three different types of section 10 dismissals.

This means that you will not receive a criminal record for that offence. You would not be able to apply for the visa waiver program because you have been charged with an offence and this will need to be disclosed. The act requires the court to consider all the circumstances of the case and provides a non exhaustive list that includes the nature of the offence.

Therefore if you are seeking employment or travelling and require no convictions to be recorded you will require a dismissal under section 10 1 a. However presently where no conviction is recorded for a traffic offence either because an order is made pursuant to section 10 1 a of the crimes sentencing procedure act or a cro without conviction is imposed pursuant to section 9 1 b of the crimes sentencing procedure act no demerit points will be recorded for the offence. By receiving a section 10 there is no conviction recorded but you have been found guilty of the offence.

The term section 10 refers to section 10 of the crimes sentencing procedure act 1999. Whilst discharging you the conviction remains temporarily on your record for the duration of the bond. With a section 10 bond there may be conditions attached which must be complied with but with or without specific conditions a bond imposed under section 10 is effectively a conditional discharge i e.