How can I avoid a criminal conviction?
A criminal conviction can have lasting consequences, affecting a person’s reputation, employment, and travel.
What are the legal options to avoid a conviction?
Under Section 12 of the Penalties and Sentences Act 1992 (Qld), a court has the discretion not to record a conviction even if a person pleads guilty or is found guilty of an offence. The key legal options include:
No conviction recorded – The court may impose a penalty but choose not to record a conviction, considering the nature of the offence, the offender’s character and age, and the potential impact on their economic and social wellbeing or employment prospects.
Diversion programs – For minor offences, first-time offenders may be eligible for a diversion program, allowing them to complete a rehabilitation course instead of facing conviction.
Good Behaviour Bond – The court may impose a good behaviour bond, requiring the offender to comply with conditions over a set period without recording a conviction.
Negotiations – Our experienced Brisbane criminal lawyers have successfully negotiated a range of different offences. This can include charges being downgraded or discontinued entirely, and thus avoiding a conviction.
What factors affect whether a conviction is recorded?
When deciding whether to record a conviction under Section 12, the court must consider:
The nature of the offence – More serious offences are more likely to result in a recorded conviction.
The defendant’s character and age – A clean record and younger age may improve the chances of avoiding a conviction.
The impact of a conviction – If a conviction would significantly affect employment opportunities or social wellbeing, the court may exercise discretion not to record it.
Why legal representation matters
Seeking early advice from the best criminal lawyers in Brisbane is crucial.
Our team have extensive experience in securing non-conviction outcomes with strategic legal arguments, strong advocacy, and careful case preparation.
Our team of criminal defence lawyers appear throughout Qld and have successfully defended serious and complex crimes throughout Qld for over 10 years.
Contact us today on (07) 3012 6531 for a no-obligation confidential discussion, to see how our best criminal lawyers can help you.