You may be able to apply for a discharge without conviction under section 106 of the Sentencing Act 2002.
What is a discharge without conviction?
This is the equivalent to being found not guilty or obtaining an acquittal for an offence.
When is the application made?
An application for a discharge without conviction can be made after a person has pleaded guilty or a trial has occurred, and the person has been found guilty.
The application is considered during sentencing and can prevent a person having a criminal record.
Why would I want this?
A discharge without conviction allows a person to have a second chance, if granted the person would not have a particular criminal conviction on their record. It is a great opportunity for people that want to apply for jobs, as any drink driving, or dishonesty offences could be detrimental to your future employment.
If you are planning any overseas travel and are requiring immigration or other visas to leave the country, a criminal conviction could prevent you doing so.
What is the test to be granted a discharge without conviction?
The judge can only discharge without conviction if the direct and indirect consequences of a conviction would be all out of proportion to the seriousness of the offence.
It can also only be given if the particular offence in question does not have a minimum sentence.
