Pleading guilty to a criminal or traffic offence in New South Wales does not automatically mean you will be burdened with a permanent criminal record. The law provides mechanisms to dismiss charges without recording a conviction.
A conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life. Achieving a non-conviction outcome is often the primary goal of any sentencing hearing.
Under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW), a Local Court Judge can find you guilty but direct that the relevant charge be dismissed completely. This means no criminal conviction is recorded, you pay no fine, and (for traffic offences) you face no licence disqualification or demerit points.
A Conditional Release Order without conviction (formerly known as a Section 10 bond) is similar. You avoid a criminal record, but you are placed on a good behaviour bond for up to two years.
A Section 10 dismissal is unconditional. Once you leave court, the matter is finished. A CRO requires ongoing compliance. If you commit another offence during the CRO period, you can be brought back to court and resentenced for the original offence.
Anyone pleading guilty in the Local Court is technically eligible to ask for a non-conviction outcome, but courts do not grant them easily. Some offences (like repeat high-range drink driving) have statutory restrictions making non-conviction orders almost impossible.
When deciding whether to grant a Section 10 or CRO, the Local Court Judge MUST consider specific factors outlined in the legislation:
The court assesses the "trivial nature" of the offence. Was it a minor indiscretion or a serious breach of the law?
Your subjective background is crucial. A clean criminal record, youth, advanced age, or underlying mental health issues can heavily influence the court's decision.
Have you shown remorse? Have you completed a Traffic Offender Program, attended counselling, or taken steps to ensure you do not re-offend?
The court balances leniency towards the offender against the need to protect the community and acknowledge any harm caused to victims.
A non-conviction order is a privilege. An experienced lawyer will meticulously craft submissions to align your specific circumstances with the statutory criteria.
This involves guiding you to obtain high-quality character references, drafting a sincere letter of apology, gathering medical evidence, and presenting a persuasive, legally sound argument to the Local Court Judge.
At NS Criminal Lawyers and Associates, we provide carefully prepared, strategic defence representation. We have a proven track record of securing Section 10 dismissals and CROs without conviction for our clients, protecting their livelihoods.
Common questions regarding non-conviction orders.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: June 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
