Absolute or conditional discharge: is it a criminal record, and do you need a pardon?

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 14, 2026

Published November 14, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 14, 2026: Criminal Records Act s. 6.1 and the Parole Board of Canada FAQ checked that day.

If a court found you guilty but gave you an absolute or conditional discharge, you were not convicted, and you do not need a record suspension (pardon). The discharge is removed from the RCMP’s national database automatically after a set time. But “removed from CPIC” is not the same as “never happened”, and a discharge can still matter at the US border or in an immigration application. This guide explains what happens to a discharge and when to get advice.

Lawgical Law Corporation, a law firm in Surrey, Abbotsford and Vancouver, BC, prepares record suspension (pardon) applications and advises on how criminal records affect immigration and US travel; this guide is by Prabhpreet Kaur Sangha.

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What is a discharge?

Under section 730 of the Criminal Code, a court that finds you guilty can discharge you instead of convicting you, if it is in your best interests and not contrary to the public interest. An absolute discharge has no conditions. A conditional discharge comes with a probation order; when you complete it, the discharge becomes final. Either way, you are deemed not to have been convicted.

When does a discharge come off your record?

After that period, federal agencies cannot disclose the record of the discharge without the Minister’s approval. You do not apply to the Parole Board, and there is no fee.

What can still show up

• Local police records. The police service that charged you keeps its own file. Police information checks, especially vulnerable sector checks, can include non-conviction information under the police service’s own rules.
• Court records. Court registries and online court services can still show the file.
• Fingerprints and photographs. Ask the police service that took them about its process for destroying them.
• Records another country already has. The PBC notes that if a foreign country, including the US, accessed a record before it was removed, it may have kept it.

Discharges and Canadian immigration

For the criminality grounds in section 36 of the Immigration and Refugee Protection Act, a discharge is not a conviction, so a Canadian discharge does not by itself make a permanent resident or foreign national inadmissible. IRCC forms often ask about charges and arrests as well as convictions, though, and the answer must be truthful even if the discharge has been purged. A discharge outside Canada needs a separate analysis under the foreign law. See record suspensions and immigration and the immigration consequences of a criminal plea.

Discharges and US travel

US law has its own definition of a conviction, and US officers can find someone inadmissible for admitting the essential elements of certain crimes even without a conviction. A conditional discharge with probation can be treated differently from an absolute discharge. If you have a discharge for a drug offence or a crime involving dishonesty or intent to harm, get advice before you cross. See whether you need a pardon to travel to the US and the US entry waiver (Form I-192) guide.

If you also have convictions

If your record has both discharges and convictions, you need a record suspension for the convictions. The discharges come off CPIC on their own schedule. See how to get a pardon (record suspension) in Canada.

When a lawyer is worth it

One lawyer, one file, every step:

• confirming from the court record whether you were discharged or convicted;
• checking whether a pre-1992 discharge still needs to be purged;
• advice on how to answer criminal history questions on immigration forms;
• assessing a discharge for US travel before you cross;
• a record suspension for any convictions on the same record.

For most people with only a discharge, nothing needs to be filed. A lawyer helps when the discharge sits next to an immigration application, a US trip or a job that needs a vulnerable sector check, or when it isn’t clear whether the court discharged or convicted.

Lawyers are members of a law society (in our case, the Law Society of British Columbia), which regulates the legal advice we give and our duty to you. Pardon companies are not law firms. If the Parole Board refuses a record suspension, the decision can be challenged by judicial review in the Federal Court, where a lawyer can represent you.

Common mistakes

• Paying a company to “pardon” a discharge. There is nothing to apply for.
• Answering “no” to an immigration form question about charges because the discharge was purged.
• Assuming the US treats a Canadian discharge the same way Canada does.
• Forgetting that a pre-1992 discharge has to be purged on request.

Frequently asked questions

Is an absolute discharge a criminal record?

You are deemed not convicted, and the RCMP removes an absolute discharge from CPIC one year after the decision. Local police and court records can still exist.

Do I need a pardon for a conditional discharge?

No. The RCMP removes it from CPIC three years after the decision, as long as it was given on or after July 24, 1992.

Can I travel to the US with a discharge?

Often yes, but it depends on the offence and what US officers already know. Get advice first if the offence involved drugs, theft, fraud or an intent to harm.

Does a discharge affect permanent residence?

A Canadian discharge is not a conviction under section 36 of the Immigration and Refugee Protection Act. You still have to answer IRCC’s questions about charges truthfully.

My discharge is from before 1992. What do I do?

Write to RCMP Pardon and Purge Services to have it removed from CPIC; it is not removed automatically.

Related guides: how to get a pardon (record suspension) in Canada, pardon eligibility and waiting periods, record suspensions and immigration, whether you need a pardon to travel to the US, the immigration consequences of a criminal plea.

What should I do right now?

Get a copy of the court record showing the discharge and the date. If it is from before July 24, 1992, ask the RCMP to purge it. If you are planning a US trip or an immigration application, get advice before you answer any questions about it.

Book a consultation with our lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Criminal Records Act, s. 6.1 (discharges)
• Parole Board of Canada: Got a question about your application? (page dated November 10, 2026)
• Criminal Code, s. 730 (discharges)
• Immigration and Refugee Protection Act, s. 36 (including s. 36(3)(b))
• 8 U.S.C. 1182 (INA s. 212)

This article is general information, not legal advice. Every case depends on its own facts.