Withdrawn, peace bond, discharge or conviction: what does each outcome mean in Ontario?

The main difference is whether you end up convicted. A withdrawn charge ends the case with no finding of guilt, and a peace bond is a court order to keep the peace for up to 12 months, not a finding that you committed an offence. A discharge follows a finding of guilt, but the law treats you as not convicted; a conviction stays on your record until a record suspension.

When a case is close to resolving, clients usually ask the same thing: what will this leave behind? This page compares the common endings of a criminal case in Ontario, with the Ontario police record check rules for each, and what each one can mean for a permanent resident or a citizenship application.

How does a case reach one of these outcomes, step by step?

Most cases in the Ontario Court of Justice end by agreement rather than at trial. The court's own guide describes the path:

1. Disclosure. The Crown gives your lawyer the evidence. The package usually includes a one-page Charge Screening Form, which may show the Crown's position on resolution, whether you have been approved for diversion, and whether the Crown is proceeding summarily or by indictment. Our page on what disclosure is and why early dates are adjourned explains this stage.
2. Case management court. Early dates are for first appearances and setting dates; no guilty pleas or trials happen there.
3. Crown pre-trial. Your lawyer and the Crown discuss resolution and sentence, in person, by phone or by email.
4. Judicial pre-trial. A judge, the Crown and your lawyer try to resolve the case or narrow the issues, which might mean a withdrawal, diversion or a guilty plea. Read what happens at a judicial pre-trial.
5. Resolution or trial. The case ends with a withdrawal, diversion, a guilty plea followed by sentencing, or a trial.

Most adult criminal cases in Toronto are heard at the courthouse at 10 Armoury Street, and several of these steps can happen by video, phone or email. Before accepting a guilty plea, a judge may hold a plea inquiry to make sure the plea is voluntary, that you understand it admits the essential elements of the offence, and that you understand its nature and consequences.

How do the outcomes compare?

The disclosure columns come from the Schedule to Ontario's Police Record Checks Reform Act, 2015, which sets what police may release on each of the three kinds of check. A charge that was withdrawn, stayed or dismissed, or that ended in an acquittal, is "non-conviction information" under the Act (s. 1). Our page on whether a withdrawn charge shows up on a police record check goes through that Schedule in detail.

What does it mean when a charge is withdrawn?

The Crown has decided not to continue. According to the Ontario Court of Justice, charges are withdrawn when the Crown concludes there is no reasonable prospect of conviction, or no public interest in pursuing the prosecution. A withdrawal can also be the end point of diversion, where the accused completes agreed work such as counselling, community service or a program first. After diversion the Crown either withdraws the charge or stays it. A stay means the Crown has one year to bring the charge back; after that year, it cannot.

An acquittal is different again: it is a judgment of not guilty after a trial. The court's glossary says the accused is then free to go without restrictions.

What is a peace bond, and why is it not a conviction?

A peace bond comes from section 810 of the Criminal Code. Someone who fears, on reasonable grounds, that another person will injure them, their intimate partner or child, or damage their property can lay an information. If the justice is satisfied the fear is reasonable, the court can order the other person to enter a recognizance to keep the peace and be of good behaviour for up to 12 months (s. 810(3)). Nothing in that process is a finding that an offence was committed.

It is still a serious order. The court can add conditions such as no contact with named people, staying away from places, and not drinking or using drugs; it must consider a weapons prohibition (s. 810(3.02) to (3.2)). Refusing to enter the recognizance can mean up to 12 months in prison (s. 810(3.01)), and breaching it is a criminal offence punishable by up to four years by indictment (s. 811). Either side can apply to change the conditions later (s. 810(4.1)). Our page on penalties for breaching a peace bond or bail condition compares the breach offences.

Our page on assault charges discusses how peace bonds are used. In domestic violence charges, the Crown follows a stricter directive, discussed below. Our comparison of a restraining order, a peace bond and a bail condition explains how a peace bond differs from a family court order.

How is a discharge different from a conviction?

With a discharge, you plead guilty or are found guilty, but instead of convicting you the court directs that you be discharged, either absolutely or on conditions in a probation order. You are then deemed not to have been convicted (s. 730(3)). A court can only grant one if it is in your best interests and not contrary to the public interest, and never for an offence with a minimum punishment or one punishable by 14 years or life (s. 730(1)). Whether a discharge is possible therefore depends on the exact charge and its penalties; our page on summary and indictable offences explains how maximum sentences are set.

A conditional discharge carries a risk the absolute one does not. Its probation order can last up to three years, according to the court's glossary. If you are convicted of a new offence while on that probation order, the court can revoke the discharge, convict you of the original offence and sentence you for it (s. 730(4)).

At the federal level, records of a discharge held by the RCMP or another federal agency may not be disclosed without the Minister's approval once 1 year has passed for an absolute discharge or 3 years for a conditional one, and the RCMP must remove them from its automated criminal conviction records system at that point (Criminal Records Act, s. 6.1). No application is needed.

What follows a conviction?

After a conviction the judge imposes a sentence, which can be a fine, probation, jail, or a combination (sometimes a jail term served in the community, known as a conditional sentence), taking into account your circumstances, the offence and any minimum or maximum. A conviction stays on your criminal record. The way to set it aside later is a record suspension (formerly called a pardon) from the Parole Board of Canada: see how long you must wait to apply for a record suspension.

What does each outcome mean for immigration and citizenship?

For anyone who is not yet a citizen, the outcome can matter more than the sentence. The table sets the outcomes against two federal laws.

A conditional sentence served in the community is not a "term of imprisonment" for s. 36(1)(a), the Supreme Court of Canada held in Tran, 2017 SCC 50. And in R. v. Pham, 2013 SCC 15, the Court said a sentencing judge may consider immigration consequences, as long as the sentence stays proportionate. Our page on how a criminal conviction can affect permanent resident status explains these rules in full. We advise on the criminal side; status questions also need an immigration lawyer.

What changes the answer?

• The evidence. The Crown withdraws where there is no reasonable prospect of conviction or no public interest in going on, according to the Ontario Court of Justice.
• The charge's penalties. No discharge is possible where there is a minimum punishment or a maximum of 14 years or life (s. 730(1)).
• Intimate partner allegations. Under Crown Prosecution Manual directive D. 23, the prosecutor must not withdraw charges solely because the complainant asks, and must consider all the circumstances.
• Your history. Prior findings of guilt and past diversion are factors the Crown weighs for diversion under directive D. 4.
• Immigration status. A sentencing judge may take it into account within a proportionate range (Pham).
• New trouble during a conditional discharge. A new conviction can lead to revocation of the discharge (s. 730(4)).

For example: two offers, two different futures

This is a hypothetical, not a real client or a result. Suppose an international student from Iran, studying in Toronto, is charged with theft under $5,000 after a shoplifting incident. It is her first charge. She speaks some English, but she prefers to go through the papers in Farsi.

The Charge Screening Form suggests the Crown may consider diversion. If she completes it, the charge is withdrawn or stayed, there is no finding of guilt, and Ontario police checks treat it as non-conviction information. If she pleads guilty instead, even a discharge follows a finding of guilt. A conviction would carry more immigration risk for her than for a permanent resident: for a foreign national, a conviction for an offence that can be prosecuted by indictment is enough for inadmissibility on grounds of criminality (IRPA s. 36(2)(a) and (3)(a)).

Her lawyer explains each option in Farsi, makes sure she understands what each leaves behind, and suggests she speak to an immigration lawyer before choosing. For Farsi speakers in this position, see our guide for Persian-speaking people charged in the GTA.

What mistakes do people make?

1. Assuming a discharge leaves nothing at all. It can appear on the two higher Ontario checks for 1 or 3 years (Schedule, items 3 and 4).
2. Breaching a conditional discharge. A new conviction during probation can turn the discharge into a conviction (s. 730(4)).
3. Signing a peace bond without reading the conditions. A breach is a criminal offence (s. 811).
4. Treating a stay like a withdrawal in court. The Crown has one year to bring a stayed charge back.
5. Pleading guilty before checking immigration consequences. The plea and sentence decide what immigration officials later read.
6. Expecting a conviction to fade on its own. Only summary-only offences drop off Ontario checks after 5 years; others need a record suspension.

What can you do this week?

1. Read your Charge Screening Form and disclosure with your lawyer.
2. Ask which outcomes are realistic, and what each one would leave on each kind of police check.
3. Tell your lawyer your immigration status and any citizenship plans before any plea.
4. If a peace bond is offered, go through every condition and ask how long it lasts.
5. If a discharge is possible, ask whether it would be absolute or conditional, and what the probation would require.
6. Keep copies of every court document from the day your case ends.

Frequently asked questions

Can I get a discharge for impaired driving?

No. Impaired driving carries a minimum punishment, and a discharge is not available for an offence with a minimum punishment (s. 730(1)). Our page on impaired driving charges covers the penalties.

Can I appeal a discharge?

Yes. Even though a discharge is not a conviction, the person discharged may appeal the finding of guilt as if it were a conviction (s. 730(3)(a)). See how to appeal a criminal conviction in Ontario.

Does a peace bond mean I admitted something?

A peace bond rests on the other person's reasonable fear, not on a finding that you committed an offence (s. 810(3)). Its conditions still bind you for the whole period.

Is an acquittal the same as a withdrawal?

Both end without a conviction, and both are non-conviction information on Ontario police checks. An acquittal is a judge's finding of not guilty after a trial; a withdrawal is the Crown's decision to stop.

What does the judge consider at sentencing?

The judge weighs your circumstances, the circumstances of the offence and any minimum or maximum, according to the Ontario Court of Justice. A pre-sentence report can put your background before the court.

Can we discuss the offer in Farsi?

Yes. Our lawyer explains resolution offers, conditions and their consequences in Farsi or English, so you can decide with the full picture.

Which outcome is realistic in your case?

That depends on the evidence in the disclosure, the charge, your history and what the Crown is prepared to do, and no lawyer can promise a particular result. What a lawyer can do is test the case, explain each option in plain terms, and make sure you understand exactly what an offer leaves behind before you accept it. Gambriani Law PC does this for clients across Toronto and the GTA, in English and Farsi. You can reach the office at +1 647 970 3370, Monday to Friday, 9:00 a.m. to 5:00 p.m.

This page is general information about Ontario and federal law, not legal advice about your case.