How do I still get no conviction recorded against me in NSW even if I plead guilty or I am found guilty?
To get no conviction recorded against you in NSW even after you have pleaded guilty or been found guilty after a trial, you need to get the Magistrate to give you a “Section 10.”
“Section 10” refers to Section 10 of the Crimes (Sentencing Procedure) Act 1999.
It is completely up to the Magistrate whether he or she will give you a Section 10. In deciding whether or not to give a Section 10 the Magistrate takes into account things like:
- your age
- your health (including your mental health)
- good character references
- whether you already have a criminal history and how bad that is
- how serious the charge is (more likely to get a Section 10 for a minor offence)
- any special circumstances that that might have contributed to the offending
If the Magistrate does decide to give you a Section 10, there are 3 different types of Section 10 that you can be given.
s.10(1)(a) – A complete dismissal of the charge with no conviction recorded against you.
s.10(1)(b) – A conditional discharge where you still have to be of good behaviour for up to 2 years and no conviction will be recorded against you so long as you don’t commit any new offence during that time.
s.10(1)(c) – A conditional discharge where you have to take part in a “intervention program” (e.g for drug and alcohol or psychological counselling). Again, if you do everything you are supposed to do under the intervention program then no conviction will be recorded against you.