Practice Areas

Discharge Without Conviction

Successfully obtaining a discharge without conviction allows you to avoid having a criminal record — giving you the opportunity to move forward without the long-term consequences of a conviction.

Section 106 Application

Avoid a Criminal Record. Move Forward.

At Gul Law, we help clients pursue a discharge without conviction, commonly referred to as a s106 application. We are highly experienced with these applications and have a strong track record of achieving successful outcomes for our clients.

A criminal record can impact your employment prospects, travel plans, and other areas of life for many years. It is crucial to have an experienced criminal defence lawyer guide you through the application process to maximise your chances of success.

When successful, a discharge without conviction means no conviction appears on your record, effectively providing the same outcome as being acquitted, so you can continue your life without the burden of a criminal record.

Discharges without conviction are often particularly important for offences such as drink driving, dishonesty, or other matters that could negatively affect future employment, professional licences, or immigration circumstances.

Act early. We will carefully review your case and advise whether a s106 application is appropriate and we can also provide guidance on programs or steps that may strengthen your application before you appear in Court.

20+

Years Experience

100s

Appeals & Hearings

Approved

Legal Aid Provider

Common Situations

When a Discharge May Be Available

Drink & Drug Driving

A drink driving conviction can affect your licence, employment and overseas travel. A successful s106 application avoids any conviction appearing on your record.

Dishonesty Offences

Fraud, theft, and dishonesty charges can permanently impact employment prospects and professional licences. Discharges are often particularly important in these matters.

Family Violence & Assault

First-time or out-of-character offending in domestic or assault matters may be well-suited to a discharge application where the consequences of conviction are disproportionate.

Immigration Consequences

A conviction can have serious immigration consequences including visa cancellation or deportation. A s106 discharge may save these consequences entirely where successful. Even if you are unsuccessful, these legal submissions may equally assist you in securing a character waiver.

Professional Licence Holders

Doctors, nurses, teachers, lawyers, and other licensed professionals face additional consequences from convictions. A discharge protects your licence and career.

Out-of-Character Offending

Where the offending is genuinely out of character and the consequences of conviction would be disproportionate to the offence, the Court may grant a discharge without conviction.

Our Approach

Maximising Your Chances of Success.

A discharge without conviction is not automatic, the Court must be satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence. We carefully assesses each case to determine whether this threshold is met and, if so, builds the strongest possible application on your behalf.

We take a thorough, strategic approach: reviewing all available evidence, identifying the most compelling mitigating factors, and preparing detailed written submissions that present a comprehensive picture of your circumstances to the Court. Where appropriate, we advise on rehabilitation programs or other supporting steps that can significantly strengthen your application.

The Clean Slate Scheme

Even where a discharge without conviction is not available, Gul Law can advise on eligibility under the Clean Slate Scheme which allows certain convictions to be concealed after a qualifying period without reoffending. Understanding all available options is central to how we advise every client.

Strengthening Your Application

Gul Law can provide guidance on programs or steps that may strengthen your s106 application, ensuring the Court sees a comprehensive picture of your circumstances. This includes engaging with relevant support services, completing appropriate courses, and preparing character references and supporting material.

How Gul Law Can Help
Gul Qaisrani, Barrister

Criminal Defence Specialist
Former NZ Police Prosecutor

🔒 All enquiries are strictly confidential

Legal Aid Available

You may qualify for legal aid for appeal proceedings. Gul Law is a Approved legal aid provider — we can assess your eligibility at your first consultation.

Want to avoid a criminal record?

Contact Gul Law today for honest advice on whether a discharge without conviction is available in your case — and how to maximise your chances of success.

Other Practice Areas

More Ways Gul Law Can Help

Family Violence

Protection orders, family violence charges, bail conditions and domestic proceedings.

Drug Charges

Possession, supply, manufacture and large-scale Police/Customs operations.

Fraud & Dishonesty

Fraud, theft, burglary and dishonesty offences under the Crimes Act 1961.

Assault & Physical Violance

Common assault, aggravated assault, threatening behaviour and intimidation.

Sexual Offences

Indecent acts, sexual misconduct and related charges.

Departmental Prosecution

Specialist knowledge of departmental prosecutions and hearings.