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Section 10 No Conviction NSW

If you have been found guilty of a criminal offence you may be able to avoid having a conviction recorded against you if the Court chooses to dismiss the charge under section 10 of the Crimes (Sentencing Procedure) Act 1999.Section 10 in New South Wales allows for you to be found guilty but no conviction recorded

What sort of crimes may be dealt with under Section 10?

Any criminal or traffic matter may be dealt with under section 10, including potentially serious offences. What is required is a finding of guilt, which may arise either because you have pleaded guilty, or because you were found guilty after contesting the charge.

What will the Court look at when deciding whether to dismiss under Section 10?

The Court will consider:

  • your personal circumstances, driving and/or criminal history;
  • whether the incident for which you have been charged was trivial; and
  • any other factors which may justify your behaviour.

What conditions will the court impose with a Section 10 dismissal?

If you are successful in seeking a section 10 dismissal, the court may:

  • order the charges be dismissed altogether;
  • discharge you and order that you be placed on a good behaviour bond for a maximum of 2 years; or
  • discharge you and order that you attend an intervention program.

Where can I get advice?

You should speak with an experienced traffic lawyer before you go to court, so they have the opportunity to assess your eligibility for a section 10 dismissal of charge, and prepare for the hearing.

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