Sentencing
Section 10: how to avoid a criminal conviction in NSW
How a court can find the offence proven yet record no conviction, and how to earn that outcome.
A 'section 10' is one of the most valuable outcomes in NSW criminal law: the court finds the offence proven but records no conviction. That means no criminal record, and for driving matters, no automatic disqualification.
What a section 10 is
Under section 10 of the Crimes (Sentencing Procedure) Act, a court can dismiss a charge, or discharge you on a conditional release order, without recording a conviction, even though the offence is proven or admitted.
For many people, avoiding the conviction matters as much as avoiding a penalty, because of employment, travel, licensing and reputation.
What the court considers
The court weighs your character, antecedents, age and health; the trivial or extenuating nature of the offence; and any other matter it thinks proper. A strong section 10 application is built, not hoped for, with references, evidence of steps taken, and focused submissions.
Why preparation is everything
Two people with the same charge can receive very different outcomes depending on how their matter is prepared and presented. Character references, courses completed, and the way the plea is put can be the difference between a conviction and a section 10.
Frequently asked
Can I get a section 10 for drink driving?
It is possible for some PCA matters, particularly lower-range or well-mitigated cases, but it is never automatic. A carefully prepared application, references, a traffic-offender program, focused submissions, gives you the best chance.
Does a section 10 show up on a police check?
A section 10 means no conviction is recorded. There can be limited circumstances where a dismissed matter is disclosable, so it's worth getting specific advice about your situation.
This guide is general information about NSW law and is not legal advice. For advice about your specific situation, contact us.
The earlier we start, the more we can do.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.