A conditional discharge is a sentence passed by a court whereby the defendant is not punished, provided they comply with certain conditions. An absolute discharge is unconditional: in some jurisdictions, where no conditions are imposed at all, in others where the conditions have been successfully complied with.

In some jurisdictions, a defendant is not regarded as having been convicted if he has been discharged.

Canada

In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. Although a discharge is not considered a conviction, a record of an absolute or conditional discharge is kept by Canadian Police Information Centre (CPIC) and by the charging police agency [1] and is purged from the individual's police record after three years [2] The Criminal Records Act states that, except in exceptional circumstances, if the discharge is conditional, no record may be disclosed after three years. While no conviction occurs, the offender is required to fulfill certain conditions as part of the sentence. The offender is put on probation for a period of up to three years. If the offender fails to meet the conditions of the probation, or commits another criminal offence during the probation period, they may be returned to court where the discharge is cancelled and receive a criminal conviction and sentence on the original offence, and for breach of probation. [3]

If the conditions of the discharge are met it becomes an absolute discharge.

A court may grant a conditional or absolute discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.