1. Learn about sentences with a criminal record, but no jail time

A sentence can range from no jail time, called a discharge, to having to go to jail. A sentence that doesn't require you to go to jail is called a non-custodial sentence.

Discharges are sentences that don't result in a permanent criminal record. But there will be a temporary record of your discharge. Your record of discharge is automatically removed after 1 or 3 years, depending on the type of discharge. You don't have to ask to have the record removed.

A discharge is not the same as a conviction. A conviction results in a permanent criminal record. See Step 2.

A discharge can be absolute or conditional.

If you get an absolute discharge:

• you will not be on probation
• your record of discharge will be kept on file for 1 year

If you get a conditional discharge:

• you will be on probation for up to 3 years
• your record of discharge will be kept on file for 3 years

If you get a conditional discharge, and you don't follow the terms of your probation, your conditional discharge can be taken back by the court and replaced with a conviction.