Published: 11 February 2026
Last Updated: 9 September 2026
A criminal conviction in NSW can cost you your job, your professional registration/licence, your ability to travel overseas, and your driver’s licence. If you have been charged with a criminal or traffic offence, the question most people are asking is whether any of that actually has to happen. In many cases, it does not.
A section 10 is the legal mechanism that makes it possible to walk out of court without a conviction recorded against your name. The charge is found proven — but the court uses its discretion not to record a conviction. Nothing goes on your criminal record. For driving cases, it can also mean keeping your licence.
At Morrisons – Criminal and Traffic Law Specialists, our Accredited Specialists in Criminal Law prepare and present for clients across the Illawarra, South Coast, Southern Highlands, Western Sydney, and Macarthur regions every week, from our offices in Wollongong and Campbelltown.
Matthew Ward, Principal Solicitor at Morrisons, is direct about what a section 10 outcome actually means for the people he represents:
“No conviction is a good outcome for a sentence. But it doesn’t always positively impact everything else, so you have to understand what it does and does not do for your particular situation.”
The most important thing you can do right now is get advice early. The material that supports a no-conviction submission takes weeks to prepare. If you rush a case to court before it is ready, you are presenting a weaker case than you have.
Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court that finds an offence proven can choose not to record a conviction. You are not found not guilty – you accept the offence occurred – but the court exercises its discretion to spare you the consequences of a criminal record.
For most people, a section 10 is the best outcome available short of a not guilty finding.
Before looking at how a section 10 works, it helps to understand what a conviction actually does because this is what you are trying to avoid.
A conviction on your record can affect:
This is why a section 10 matters. It is not just about keeping a clean record in the abstract. It’s about protecting specific, concrete things in your life.
There are three distinct orders a court can make under section 10, and it matters which one applies to your case.
Section 10(1)(a) — Dismissal
The court finds the charge proven, dismisses it outright, and records no conviction. There is no fine, no conditions, and nothing on your record. The case is over.
Conditional Release Order (CRO) without conviction
A CRO without conviction replaced the former section 10(1)(b) bond on 24 September 2018. The court finds the charge proven but does not record a conviction, and instead releases you on conditions. At minimum, you must commit no further offence and appear before the court if called upon to do so. There can also be additional conditions and a CRO can be for up to two years.
If you breach the conditions or offend again during the CRO period, the order can be set aside and you may be re-sentenced with more severe consequences.
Section 10(1)(c) — Dismissal with an intervention program
The court dismisses the charge without recording a conviction but directs you to enter and complete a rehabilitation or intervention program. Common examples include drug or alcohol rehabilitation programs. If you complete the program and comply with all other conditions of the CRO, the case is resolved with no conviction on your record.
A section 10 is not automatic. The court weighs a range of factors set out in the legislation, such as:
A no-conviction result is built through preparation, not simply requested on the day. Matthew Ward describes what made the difference in one mid-range, morning-after drink driving case where the client received no conviction:
“That is hard to achieve. The difference-makers were the Traffic Offenders Program, character references, medical and GP records, and in some cases a psychological report. Preparation and presentation is everything”.
Typical material that can support a no-conviction submission includes:
Matthew Ward is clear that timing matters as much as the content:
“It’s not just we turn up on the day of court and we say what we want to say. It’s a combination of providing advice early on to do things strategically to give ourselves the best chance possible, and then using that material or that strategy to try and execute that for our client.”
Section 10 is available across a wide range of matters. The more serious the charge, the harder it is to achieve, and at the highest end it is an exceptional outcome rather than an expected one.
Honest advice matters more than unrealistic optimism. Matthew Ward is direct about lawyers who tell clients what they want to hear:
“I always warn people about lawyers who promise outcomes that are not legally realistic. It is the client’s case and the client’s life, so the job is to inform them and set realistic expectations. The more information they have, the more they will understand the process”
This is one of the most common questions, particularly for people worried about their job or plans to travel.
Section 10(1)(a) dismissal: does not appear on your criminal record. You do not need to disclose it to anyone, if you are asked if you have a criminal conviction.
CRO without conviction: appears on your record for the duration of the order. Once the CRO period ends without breach, then there is no conviction on your record.
Important exceptions: some convictions can become spent. This means that they are not required to be disclosed in NSW. However, this is different from receiving a non-conviction at sentence and it is important to understand this difference.
For most people, a section 10(1)(a) or a completed CRO without breach means a genuinely clean outcome: no disclosure obligation, no barrier to most jobs, and no record that follows you.
A first offence dealt with leniently does not guarantee the same outcome next time. For certain traffic offences, the law restricts how many non-conviction orders you can receive within a 5 year period.
Matthew Ward has seen this catch clients who did not understand what their first outcome meant for the future:
A practical example: a driver receives a section 10 for a first low-range drink driving offence. They are caught again within 5 years in a similar morning-after situation, but they cannot receive a second non-conviction outcome. She is convicted and disqualified, even though the second offence looked much like the first. What you do with a first offence directly limits what is available if there is ever a second.
“Because she got no conviction for the first offence, the law says she can’t get no conviction for this second offence because of a part of the law that says she can’t get two non-convictions within a certain number of years. This is often misunderstood and needs to be thought about strategically when giving advice about a person’s options for the first offence”
Early. The programs, references, and records that support a non-conviction submission take time to pull together. For drink driving in particular, early advice on the Traffic Offenders Program and what else to gather can be the difference between keeping your licence and losing it.
If the charge is more serious and a custodial sentence is a realistic risk, it helps to understand the alternatives a court can consider, such as an intensive corrections order.
If you have been charged and want to understand whether a no-conviction outcome is realistic in your case, Morrisons – Criminal and Traffic Law Specialists offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW) — one of the highest concentrations of criminal law specialists in regional NSW.
We act for clients across the Illawarra, South Coast, Southern Highlands, Western Sydney, and Macarthur regions from our offices in Wollongong and Campbelltown.
Contact at our Wollongong Office via the website or by phone 02 4227 3505 or our Campbelltown Office via the website or by phone 02 4607 5070.
