What is a Non-Conviction Order?
A Non-Conviction Order is one of the most lenient sentencing outcomes available in the Australian criminal justice system. It allows a court to find a person guilty of an offence—or for a person to plead guilty—without recording a criminal conviction against their name.
For many defendants, this order is the difference between retaining their employment, travel rights, and driver’s licence, or suffering long-term reputational damage.
Depending on your location, the specific legislation varies:
- In the ACT: It is commonly referred to as a Section 17 Order
- In NSW: It is often called a Section 10 Dismissal or a Conditional Release Order (CRO) without conviction.
Non-Conviction Orders in the ACT (Section 17)
In the Australian Capital Territory, non-conviction orders are governed by Section 17 of the Crimes (Sentencing) Act 2005.
If a Magistrate or Judge grants a Section 17 order, they are essentially finding the offence proven but deciding that, due to specific mitigating factors, a conviction should not be recorded.
Types of Section 17 Orders
Dismissal (s 17(2)(a)): The charge is dismissed entirely with no further penalty.
Good Behaviour Order (s 17(2)(b)): No conviction is recorded, provided the offender signs a Good Behaviour Order (undertaking to be of good behaviour) for a specific period, usually between 12 months and 3 years.
What the ACT Court Considers
Under Section 17(3), the court must consider:
- The offender’s character, antecedents (criminal history), age, health, and mental condition.
- The seriousness of the offence.
- Any extenuating circumstances in which the offence was committed.
Non-Conviction Orders in NSW (Section 10 & CROs)
In New South Wales, the terminology has shifted slightly with recent reforms, but the concept remains the same. These orders are primarily governed by the Crimes (Sentencing Procedure) Act 1999.
Section 10 Dismissal
A Section 10(1)(a) dismissal is the best possible outcome in a criminal matter. The court finds the offence proven but dismisses the charge outright. There is no fine, no bond, and no criminal record.
Conditional Release Order (CRO)
Ideally used for less serious offences where a dismissal isn’t appropriate, a Conditional Release Order without conviction allows an offender to be released on strict conditions (such as good behaviour) for up to 2 years. If the period is completed successfully, the matter is finalised without a conviction.
Key Factors: Will I Get a Non-Conviction Order?
Courts in both the ACT and NSW regard non-conviction orders as an exceptional outcome. It is not an automatic right, even for first-time offenders. To persuade the court, your legal team must typically demonstrate:
1. The “Triviality” of the Offence
While serious offences can receive non-convictions, the court is more likely to grant them for minor infractions where the consequence of a conviction outweighs the seriousness of the crime.
2. Extenuating Circumstances
Was the offence committed under unusual pressure, stress, or a momentary lapse in judgment? Proving that the conduct was “out of character” is essential.
3. Disproportionate Impact (The “Need” for a Clean Record)
Courts often consider whether recording a conviction would have a devastating and disproportionate effect on your future. Common arguments include:
- Employment: Potential loss of job or inability to pass security clearances (e.g., for government workers, teachers, or healthcare professionals)
- Travel: Inability to obtain visas for countries like the USA or Canada.
- Licensing: For traffic offences, a non-conviction order often means avoiding a mandatory licence disqualification
How to Prepare Your Case
To maximise your chances of securing a non-conviction order, we recommend the following preparation steps before your sentencing hearing:
- Assess whether you are eligible, based on the facts of the case, your history and the likely strength of arguments.
- Character References: Obtain up to three references from employers, community leaders, or long-term friends who can attest to your good character.
- Letter of Apology: A personally written letter to the court expressing genuine remorse and insight into your actions.
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Rehabilitation Courses:
- Traffic Offences: Completion of a Traffic Offender Intervention Program (TOIP).
- Drug/Alcohol Offences: Counselling or completion of relevant education programs.
- Mental Health Support: If mental health contributed to the offending, a report from a psychologist or psychiatrist can be highly persuasive.
Frequently Asked Questions (FAQ)
Does a Non-Conviction Order appear on a Police Check?
Depending on complexity, a District Court jury trial can run from a few days to several weeks. Serious cases in the Supreme Court may take months.
Can I get a Non-Conviction Order for Drink Driving?
Yes, particularly for low-range or first-time mid-range offences. If successful, you will not receive a criminal record and you will likely keep your driver’s licence, avoiding the mandatory disqualification periods.
Do I need a lawyer to get a Section 10 or Section 17?
While you can represent yourself, statistics show that legal representation significantly increases the likelihood of securing a non-conviction order. An experienced criminal lawyer knows how to draft submissions that align with the specific legislative criteria in your state.
If the court grants a non-conviction order, do I have any criminal record?
Yes — you will still be found guilty of the offence, but the court chooses not to record a conviction. The record will show the non-conviction order was made.
Will I avoid losing my driver’s licence?
Potentially yes. One of the benefits of a non-conviction order is that the automatic driver-licence disqualification that comes with a conviction may be avoided. But it depends entirely on the offence and court’s decision.
Do I just ask the court for a non-conviction order — is it automatic?
No. The court must be satisfied it is appropriate in your circumstances and consider the statutory factors. It remains a discretionary outcome.
If the court imposes a good behaviour bond under the non-conviction order and I breach it, what happens?
Breaching a good behaviour order may lead to the court revisiting the matter and recording a conviction, or imposing further penalties. It is important to comply fully.
Is this option available in other states or just the ACT?
The concept of “non-conviction orders” or “non recording of convictions” exists in other Australian jurisdictions under different provisions (for example Section 10 in NSW).
Worried about a criminal record? Do not risk your future. Contact our experienced criminal defence team today to discuss your eligibility for a Non-Conviction Order.