Published: 11 February 2026
If you have recently been charged with an offence in New South Wales, one question is likely weighing heavily on your mind: will this go on my criminal record? The thought of a conviction following you for years, affecting your job, your ability to travel, and your reputation, can feel overwhelming.
The good news is that a criminal charge does not automatically mean a criminal conviction. Under NSW law, courts have the power to find you guilty of an offence but dismiss it without recording a conviction. This is often referred to as a Section 10.
Understanding how Section 10 works, and what you can do to improve your chances of receiving one, could make all the difference to your future. This guide explains everything you need to know about avoiding a conviction and protecting your record.
What is a Section 10?
A Section 10 dismissal refers to Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). This section gives courts the power to find an offence proven (meaning you are guilty) but dismiss the charge without recording a conviction on your criminal record.
In practical terms, a Section 10 means no criminal record, no fine, and in traffic matters, no licence disqualification or demerit points. It is the most favourable outcome possible when you plead guilty or are found guilty of an offence.
“People often misunderstand how to get a non-conviction in NSW. I cannot express the importance enough of getting legal advice to understand how the law applies and in what circumstances the Court will consider imposing no conviction for an offence”
Matt Ward – Morrisons
The Three Types of Section 10 Orders
There are three different types of Section 10 orders a court can make:
Section 10(1)(a), Outright dismissal: The court dismisses the charge with no conditions. The case is over, and you leave court with no conviction and no obligations.
Section 10(1)(b), Conditional Release Order: The court imposes no conviction for the charge but places you on a Conditional Release Order (CRO) for up to two years. You must be of good behaviour during this period. Once the CRO expires, no conviction is recorded (because you have complied with CRO and been of good behaviour).
Section 10(1)(c), Intervention program: The court dismisses the charge on condition that you complete an intervention or rehabilitation program, such as a drug and alcohol or counselling course.
How a Section 10 Differs From Being Found Not Guilty
It is important to understand that a Section 10 is not an acquittal. When you receive a Section 10, the court has found the offence proven. You are guilty. However, the court exercises its discretion not to proceed to conviction.
This distinction matters. If you believe you are innocent, your lawyer may advise you to contest the charge and seek a not guilty verdict. But if the evidence against you is strong and you want to avoid a conviction, proceeding to sentence and trying to obtain no conviction can be a good strategy.
Why Does Avoiding a Conviction Matter So Much?
A criminal conviction does not just mean a fine or penalty on the day. It creates a permanent record that can affect almost every area of your life for years to come. Understanding these consequences is often what motivates people to try for a Section 10.
Employment and Career Consequences
Most employers conduct criminal record checks before hiring. A conviction, even for a relatively minor offence, can be enough to disqualify you from a role. This is particularly serious for jobs in healthcare, education, finance, security, law, and any position involving vulnerable people.
If you are already employed, a conviction can also put your current job at risk. Some employment contracts require disclosure of criminal charges, and certain convictions can be grounds for termination, especially in regulated industries.
Travel Restrictions and Visa Issues
A criminal record can significantly complicate international travel. Many countries, including the United States and Canada, conduct criminal background checks before issuing visas. The United States generally refuses entry to anyone convicted of fraud, theft, or violent crimes. Canada restricts entry for anyone convicted within the past five years.
Even if you are not planning to travel immediately, a conviction now could limit your options for decades.
Professional Licences and Working With Children Checks
Certain professions require you to disclose criminal convictions, even spent convictions, when applying for or renewing registration. This includes lawyers, doctors, nurses, teachers, real estate agents, and security licence holders.
If you need a Working With Children Check for your role, a relevant conviction can result in your application being refused or your clearance revoked. Understanding your rights when charged with a criminal offence is the first step toward protecting your career.
What Factors Does the Court Consider for a Section 10 Dismissal?
Section 10 is not automatic, even for first-time offenders or minor charges. The court has discretion, and Magistrates must consider specific factors set out in the legislation when deciding whether a dismissal is appropriate.
Your Character, Age, Health and Mental Condition
The court looks at who you are as a person. This includes your criminal history (or lack of one), your age, your physical and mental health, and your overall character. Strong character references from employers, colleagues, family members, and community figures can make a significant difference.
If you have a mental health condition that contributed to the offence, or if you have since sought treatment, this can work in your favour. The court can consider your mental condition at the time of sentencing. It does not need to have directly caused the offending.
The Nature of the Offence
Courts consider whether the offence is trivial in nature. This does not mean every minor charge automatically qualifies. The court looks at the specific circumstances of what happened, not just the category of offence.
Importantly, the NSW Court of Criminal Appeal has confirmed that Section 10 can apply even to serious offences in exceptional circumstances. However, the more serious the offence, the stronger your case needs to be.
“The preparation and presentation of the evidence is crucial is seeking a non-conviction. Too often do I see people using evidence that hurts their case, instead being part of an overall strategy to avoiding a conviction”.
Matt Ward – Morrisons
Extenuating Circumstances
Were there unusual circumstances that led to the offence? Perhaps you were acting under extreme stress, responding to an emergency, or dealing with a crisis you have since resolved. The court can take these factors into account when deciding whether punishment is warranted.
The Potential Impact of a Conviction on Your Life
This is a crucial factor. Courts recognise that the legal and social consequences of a conviction can sometimes outweigh the need for punishment. If a conviction would cost you your job, your professional licence, or your ability to support your family, the court can weigh this against the seriousness of the offence.
What Offences Can Receive a Section 10 Dismissal?
Common Offences where Section 10 is Granted
Section 10 dismissals are most commonly granted for offences dealt with in the Local Court. These include:
- Low-range and some mid-range drink driving charges
- Drug possession matters involving small quantities for personal use
- Minor assault charges
- Shoplifting and minor theft offences
- Traffic offences including speeding and mobile phone use
Research from the Judicial Commission of NSW indicates that less than 10% of criminal matters in NSW Local Courts result in a Section 10 dismissal. This underscores why thorough preparation and experienced legal representation matter.
Can You Get a Section 10 for a Serious Offence?
While rare, Section 10 dismissals have been granted for more serious offences in exceptional circumstances. Courts have considered factors like genuine remorse, significant rehabilitation, and the severe impact a conviction would have on the person’s life.
However, for objectively serious offences, particularly high-range drink driving, the courts have made clear that Section 10 should only be granted in the most exceptional cases. If you are facing a serious charge, experienced criminal defence services are essential.
How Can You Improve Your Chances of Getting a Section 10?
Courts do not grant Section 10’s easily. Your lawyer needs to prepare thorough, persuasive submissions that address each of the factors the court must consider. Here is what can strengthen your application.
Gather Strong References
References are critical. Ask employers, colleagues, family members, community leaders, or anyone else who can speak of you as a person. References should be specific about how long they have known you, your positive qualities, and (importantly) that they are aware you are facing court proceedings. They can also include any remorse, contrition and insight for the offending.
Show Genuine Remorse and Rehabilitation Steps
Taking responsibility for your actions matters. An early guilty plea demonstrates remorse and saves court time, both factors the court can consider favourably.
Beyond this, proactive rehabilitation steps can significantly strengthen your case. Depending on your offence, this might include completing a traffic offenders course, attending drug and alcohol counselling, engaging with a psychologist, or making voluntary reparations.
Get Experienced Legal Representation
This is where the right lawyer makes the difference. We recently helped a client who was on a good behaviour licence when they received an urgent call that their child had been taken to hospital. In the moment, they picked up their phone while driving and were caught. The offence carried five demerit points that would have breached their good behaviour licence and triggered a six-month suspension (which they would have no right of appealing).
Rather than simply paying the fine and accepting the consequences, they sought legal advice. By electing to have the matter heard in court and presenting the extenuating circumstances, the court granted a Section 10. Because no conviction was recorded, no demerit points were applied, and they kept their licence.
The difference between keeping your licence and losing it often comes down to understanding your options before you make a decision.
”Traffic law and infringements should be straightforward and simple. They are the opposite. There are many small decisions that can have significant outcomes, such as paying a fine”
Matt Ward – Morrisons
What Happens If You Receive a Section 10?
Will a Section 10 Appear on a Police Check?
If you receive a Section 10(1)(a) outright dismissal with no conditions, the matter generally will not appear on a standard National Police Check. You can answer “no” to questions about criminal convictions, because you were not convicted.
If you receive a Section 10(1)(b) with a Conditional Release Order, the matter may appear on your record during the bond period. Once the CRO is complete, it may no longer appear on standard checks.
However, this can depend on the type of check completed and it is always important to receive legal advice before answering questions about court outcomes.
Do You Have to Disclose a Section 10 to Employers?
In most cases, no. If an employer asks whether you have any criminal convictions, you can legally answer “no” if you received a Section 10. However, there are exceptions. Some professions, including police officers, teachers, lawyers, and corrective services officers, may be required to disclose findings of guilt even where no conviction was recorded.
Be aware that some employers now ask specifically about “findings of guilt” or “Section 10 orders” rather than just convictions. If asked directly, you should seek legal advice about your disclosure obligations.
The 5-Year Rule for Traffic Offences
For certain traffic offences, you cannot receive a Section 10 if you have already been granted one for a certain type of offence within the past five years. This rule applies to some major traffic offences and is designed to prevent repeat offenders from avoiding consequences.
This is one reason why the decision to apply for a Section 10 needs careful consideration. If you receive one now for a minor matter, it may limit your options if you face a more serious charge within the next five years.
Next Steps If You Have Been Charged
Facing criminal charges is stressful, but it is important to know that a charge is not a conviction. With the right approach and experienced legal support, a Section 10 may allow you to move forward without a criminal record affecting your future.
The key is to act early. The decisions you make now, whether to pay a fine, how to plead or what evidence to gather, can have lasting consequences. Getting legal advice before your court date gives you the best chance of achieving the outcome you need.
At Morrisons, our criminal defence lawyers have helped clients across Wollongong, Campbelltown, and the Illawarra achieve Section 10 dismissals for a wide range of offences. We understand what is at stake and will work to protect your record, your licence, and your future.
Book a Free Consult to discuss your options and find out how we can help.
