Conditional discharge

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

 

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is passed when the court finds you guilty but does not pass a sentence, on the condition that you don’t reoffend within a specified time period. If a crime is committed within that period, you can be re-sentenced for the original offence. You may still have to pay compensation, prosecution costs or be disqualified from driving.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

No, unless the conditional discharge is breached and you are re-sentenced for the original offence. However for the purposes of filtering, it would be dealt with as a conviction.

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

Before it is spent you need to declare it, when asked, to employers, insurers and for some other financial checks. After it’s spent, it will still be disclosed on standard or enhanced checks, unless it is eligible for filtering.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.

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