Can I avoid a conviction if I've been charged with a minor offence?

General information from Lawmateanz

In New Zealand, there are a few ways a minor charge may not end in a conviction, depending on the offence and your history.

Police adult diversion may be offered for some lower-level offences, usually to people with no or very little criminal history. If you're accepted and complete the conditions, such as a donation or a course, the charge is withdrawn.

If you plead guilty or are found guilty, you can ask the court for a discharge without conviction. The court must be satisfied that a conviction's consequences would be out of all proportion to how serious the offence was.

Separately, the Clean Slate scheme lets some people with older, less serious convictions treat them as not existing for most purposes, if they've had no convictions for at least seven years and were never given a prison sentence.

A duty lawyer or criminal lawyer can tell you whether diversion or a discharge is realistic, and legal aid may be available.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.