Your Freedom from Criminal Records is Just One Court Order Away
A criminal conviction, even for the most minor offence, can devastate your future opportunities. It can cost you your job, destroy travel plans, end professional careers, and impact visa applications.
However, NSW’s Section 10 orders offer a powerful legal mechanism to avoid these life-altering consequences, even after being found guilty of an offence. Understanding your rights and options under Section 10 could be the difference between a clean record and years of limitations.
Read our successful criminal case studies.
Key Takeaways:
- Section 10 allows courts to find you guilty without recording a criminal conviction
- Available for all criminal and traffic offences (with limited exceptions)
- Three different types offer varying levels of conditions and requirements
- Not automatic, requires strong legal representation and compelling evidence
O’Brien Criminal & Civil Solicitors: Award-winning specialists with over 20 years protecting clients’ futures across NSW
At a Glance: Your Section 10 Rights
Essential Facts:
- Courts can dismiss charges completely or impose conditions without conviction
- No criminal record means no disclosure requirements for most employment/travel
- Available for first-time and repeat offenders in appropriate circumstances
- Must plead guilty OR be found guilty at the hearing to be eligible
Your Key Rights:
- Right to present character evidence and mitigating factors
- Right to professional legal representation throughout the process
- Right to appeal if Section 10 application is denied
Emergency Action Required When:
- Court date is within 14 days and no legal representation secured
- Previous Section 10 order was breached and new charges filed
- Serious offence charged where conviction would end career/visa status
Call Legal Help Immediately If:
- Professional registration/licensing at risk
- Immigration status could be affected by conviction
- Employment contract contains conviction disclosure clauses
Understanding Your Rights Under Section 10
Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) represents one of the most powerful tools in NSW criminal law for protecting your future. This provision acknowledges that sometimes the punishment of a criminal conviction far exceeds the moral culpability of the offence itself.
The legal framework exists because Parliament recognised that rigid conviction requirements could cause disproportionate harm to people who make isolated mistakes or act out of character during difficult circumstances. Your right to seek a Section 10 order stems from the principle that justice should be tempered with mercy, particularly for first-time offenders or those facing exceptional circumstances
Section 10 evolved from earlier provisions recognising that “a capacity in special circumstances to avoid the rigidity of inexorable law is of the very essence of justice“. The NSW Court of Appeal has confirmed that “the legal and social consequences of being convicted of an offence often extend beyond any penalty imposed by a court”, making Section 10 an essential protection against disproportionate punishment.
Learn more about what is Section 10.
What the Law Actually Says: Three Pathways to Freedom
Section 10(1)(a): Complete Dismissal
The court finds you guilty but dismisses the charge entirely, no conviction, no conditions, no ongoing obligations. You walk out of court with a clean record as if the charge never existed. This represents the most favourable outcome and is typically reserved for genuinely exceptional circumstances or truly out-of-character behaviour.
Section 10(1)(b): Conditional Release Order Without Conviction
You’re found guilty with no conviction recorded, but must comply with a Conditional Release Order for up to two years. Under Section 9 of the Act, standard conditions include:
- Be of good behaviour (commit no further offences)
- Appear before the court if called upon
- Notify the court of any address changes
- Comply with any specific conditions imposed by the magistrate
Critical Warning: The court cannot impose conditions that amount to punishment, such as requiring donations or community service. Any additional conditions must relate to rehabilitation or preventing reoffending.
Section 10(1)(c): Intervention Program Without Conviction
You’re found guilty with no conviction recorded on condition you complete an approved intervention program. The court must be satisfied that this “would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person”. Common programs include:
- Traffic Offender Intervention Programs for driving offences
- Drug and alcohol counselling programs
- Anger management courses
- Mental health treatment programs
Recent Legislative Updates: The 2018 amendments replaced good behaviour bonds with Conditional Release Orders, providing clearer structure while maintaining the same protective benefits.
Real-World Scenarios: When Section 10 Orders Apply
Courts WILL Consider Section 10 When:
- First-time offenders demonstrate genuine remorse through early guilty plea
- Mental health issues contributed to offending behaviour (with medical evidence)
- Exceptional personal circumstances (family tragedy, medical crisis) triggered out-of-character behaviour
- Strong community ties and character references demonstrate aberrant conduct
Courts CANNOT Grant Section 10 For:
- Repeat major traffic offences within 5-year period (Road Transport Act 2013 s 203)
- Cases where legislative policy explicitly prevents dismissal orders
- Matters requiring strong deterrence where public interest outweighs individual circumstances
Real Case Example:
In R v Mauger NSWCCA 51, the Court of Appeal confirmed that employment consequences, where conviction could lead to job termination, are legitimate factors for courts to consider under Section 10(3)(d). The court rejected arguments that potential job loss was irrelevant to sentencing decisions.
High Range Drink Driving Exception: Following the 2004 High Range PCA Guideline Judgment, courts must be “exceedingly rare” in granting Section 10 orders for high-range drink driving, particularly for repeat offences. However, Section 10 remains available for technical breaches where no real risk exists.
What Courts Can and Cannot Do
Courts HAVE DISCRETION TO Grant Section 10 Orders For:
- All criminal offences and traffic matters (subject to specific legislative exceptions)
- Serious offences where exceptional circumstances exist and individual factors outweigh deterrence concerns
- Corporate defendants facing environmental or regulatory charges
- Cases after defended hearings where guilt was established but strong mitigation exists
Legislative RESTRICTIONS Prevent Section 10 For:
- Second applicable traffic offence within 5 years under Road Transport Act 2013 s 203
- Specific statutory offences where Parliament has removed court discretion
- Cases involving repeat offending where deterrence clearly outweighs individual circumstances
Section 10(3) Mandatory Considerations:
Courts MUST consider all four factors when determining Section 10 applications:
- Character, antecedents, age, health and mental condition
- Trivial nature of the offence (though this is not a prerequisite)
- Extenuating circumstances surrounding the offending
- Any other matter the court thinks proper including employment, immigration, and family impacts
Important Clarification: Following R v Paris and Chin v Ryde City Council, courts confirmed Section 10 can apply even when offences are not found to be “trivial”. The four factors work disjunctively, not cumulatively.
Frequently Asked Questions
How long does a Section 10 order stay on my record?
Section 10(1)(a) orders result in no record at all. Section 10(1)(b) and (c) orders may show temporarily but do not result in a conviction being recorded.
Can I get a Section 10 if I have previous convictions?
Yes, though it’s more difficult. Courts consider your overall character, the gap between offences, and whether this represents a continuing pattern.
Do I have to plead guilty to get a Section 10?
No. Matheson v DPP NSWSC 550 confirmed Section 10 is available even after a defended hearing where you’re found guilty.
What happens if I breach a Section 10(1)(b) conditional release order?
The court can revoke the order and convict you for the original offence, potentially imposing a harsher penalty under section 99.
Can employers still find out about a Section 10 order?
Generally no for all types, as no conviction is recorded. However, some specialist background checks may reveal court appearances regardless of outcome.
Do I get demerit points with a Section 10 for traffic offences?
No. Section 31(4) of the Road Transport Act 2013 specifically prevents demerit points being recorded when Section 10 orders are made.
Can I travel overseas with a Section 10 order?
Yes for most countries, as no conviction is recorded. Some nations may require disclosure of any court proceedings regardless of outcome.
What evidence supports successful Section 10 applications?
Character references (maximum 3), medical/psychological reports where relevant, evidence of rehabilitation efforts, employment impact statements, and documentation of circumstances surrounding the offence.
Can I get Section 10 for Commonwealth offences?
Yes, under section 19B of the Crimes Act 1914 (Cth)—the federal equivalent providing similar dismissal powers.
How long do intervention programs under Section 10(1)(c) take?
Timeframes vary by program type, typically 3-12 months. Courts specify exact requirements and completion timeframes.
Can I appeal if my Section 10 application is refused?
Yes, you can lodge a severity appeal to the District Court, allowing full re-argument of your Section 10 application.
Are there offences where Section 10 is never appropriate?
Very few absolute prohibitions exist, though environmental offences and workplace safety breaches face higher thresholds due to public deterrence requirements.
Practical Action Guide
What to Do Immediately:
- Engage specialist criminal lawyers with proven Section 10 experience within 24 hours of being charged
- Gather character references from employers, community leaders, or long-term associates (maximum 3 references)
- Document circumstances surrounding the offence in detailed writing for legal review
- Obtain medical evidence if mental health, addiction, or physical health issues contributed to offending
- Begin rehabilitation efforts immediately (counselling, programs, treatment)
- Consider early guilty plea if facts are not disputed—this demonstrates acceptance of responsibility
What to Say in Court:
- “I accept full responsibility for my actions and deeply regret this behaviour”
- “This incident does not represent my true character, demonstrated by [specific examples]”
- “I have taken concrete steps to address underlying issues through [specific programs/treatment]”
- “A conviction would cause disproportionate consequences including [specific employment/immigration/professional impacts]”
Documentation Requirements:
- Character references on official letterhead with direct contact details for authors
- Medical/psychological reports from qualified practitioners addressing any relevant conditions
- Employment letters confirming position and specific conviction implications
- Course certificates for any rehabilitation or treatment programs commenced
- Supporting evidence of personal circumstances and their connection to the offending
All documentation should be filed at least one week before your hearing date to allow proper judicial consideration.
When You Need Professional Legal Help
Immediate Legal Assistance Essential For:
- Serious charges including assault, drug offences, fraud, or sexual matters
- Professional licensing concerns affecting teachers, healthcare workers, lawyers, finance professionals
- Immigration complications for visa holders or citizenship applicants
- Repeat offending where maintaining clean records is crucial
- Complex circumstances involving mental health, addiction, domestic violence, or family crises
What Expert Representation Provides:
Experienced criminal lawyers will assess your realistic prospects, prepare comprehensive written submissions addressing all Section 10(3) factors, coordinate professional reports and character evidence, present persuasive oral arguments highlighting unique circumstances, and negotiate with prosecution to minimise aggravating factors while emphasising mitigation.
The Court Process: Your lawyer will ensure proper procedural compliance, timing of applications, and comprehensive presentation of evidence. They understand judicial preferences and can tailor arguments to maximise success prospects.
Don’t Let One Mistake Define Your Future
Section 10 orders represent your best opportunity to move forward from criminal charges without the lifelong burden of a criminal conviction. However, success requires immediate action, proper preparation, and expert legal representation who understands the complexities of NSW sentencing law.
Call Now: 02 9261 4281
Free Initial Consultation Available
Our award-winning criminal law specialists have over 20 years of experience successfully obtaining Section 10 orders for clients across NSW. Led by accredited specialists in criminal law, we’ve achieved successful outcomes even in cases involving serious charges where other firms predicted inevitable conviction.
Your future is too important to leave to chance. Contact us today to protect your opportunities tomorrow.
