What Is a Section 10 in NSW? Avoiding a Conviction

What is a section 10 dismissal?

A Section 10 dismissal is an order made under the Crimes (Sentencing Procedure) Act 1999 (NSW) where a court finds you guilty of an offence but exercises its discretion not to record a criminal conviction. If you receive a Section 10, you avoid a criminal record and any further penalty for that offence.

For a traffic offence, a Section 10 dismissal means you also avoid licence disqualification and demerit points.

A court can also issue a non-conviction order with conditions, such as a Conditional Release Order (CRO). No conviction is recorded, but you are required to be of good behaviour for a period of up to two years.

Three kinds of non-conviction order

Section 10(1)(a) dismissalThe most lenient outcome. The charge is dismissed outright without any conditions, conviction, or penalty.

Conditional Release Order without convictionNo conviction is recorded, but you are placed on a good behaviour bond for up to two years and must comply with standard conditions, such as not committing any further offences.

Dismissal with an intervention programThe charge is dismissed without conviction on the condition that you participate in and complete a specific program, such as drug and alcohol counselling or an anger management course.

Who can get a section 10

While it is more commonly granted to first-time offenders, anyone is eligible for a Section 10, even if you have a prior criminal record. When deciding whether to grant a dismissal, a Magistrate must consider:

Your character, age, health, and mental condition

Your criminal history, or lack of one

The trivial nature of the offence

Any extenuating circumstances that help explain why the offence was committed

Any other matter the court considers relevant

Does the offence have to be trivial? No, not necessarily. The triviality of the offence is just one of several factors the court weighs.

What are extenuating circumstances? Out-of-the-ordinary situations that can help explain, though not excuse, why an offence occurred, such as acting under extreme emotional distress, responding to a personal crisis or emergency, or being provoked.

There is no automatic right to a Section 10 dismissal. It is less likely for a very serious offence or if you have received one for a similar offence in the recent past. For certain major traffic offences, you cannot receive a second Section 10 within a five-year period.

What increases your chances

Character referencesReferences that attest to your otherwise good character.

Demonstrating remorseAn early plea of guilty and a well-written letter of apology can demonstrate genuine remorse and acceptance of responsibility.

Your storyAny difficult life events or extenuating circumstances that provide important context for the offence.

RehabilitationProactive steps like completing a Traffic Offenders Intervention Program or relevant counselling to show the court you are addressing any underlying issues.

This is the part Court Mate helps with. We guide you through preparing your character references, your letter of apology and the rest of your material, and a solicitor at Daoud Legal checks all of it before you hand it up.

Section 10 and your criminal record

An outright dismissal under Section 10(1)(a) will not appear on a criminal record check. If you receive a Conditional Release Order without conviction, it will appear on your record for the duration of the bond. Once the bond period is complete, the offence becomes a ‘spent conviction’ and you are no longer required to disclose it to most employers.

Because a Section 10 is not a conviction, it generally does not create the same barriers to overseas travel that a criminal record does.

The things people actually ask

What are the benefits of getting a section 10?

The main benefit is avoiding a criminal record, which can protect your current and future employment, your ability to travel overseas, and your reputation. For a traffic offence, a Section 10 dismissal also means you avoid licence disqualification and demerit points.

Can I get a section 10 if I have a criminal record?

Yes, it is possible. While a Section 10 is more commonly granted to first-time offenders, it is available to anyone. The court will consider your entire history.

If I get a section 10 for a traffic offence, do I lose demerit points?

No. If the court grants any form of Section 10 order for a traffic offence, you will not be convicted, your licence will not be disqualified, and you will not incur any demerit points.

Does a section 10 show up on a police check?

An outright dismissal under Section 10(1)(a) does not appear on a criminal record check. A Conditional Release Order without conviction will appear for the duration of the bond. Once the bond expires, it becomes a ‘spent conviction’.

Can I get a section 10 more than once?

Yes, although it becomes more difficult. There is no rule against receiving a Section 10 twice, but the court will consider your criminal history. For certain major traffic offences, you cannot receive a second Section 10 within a five-year period.

What happens if I breach a conditional release order?

You can be called back to court. The Magistrate may take no action, vary the conditions, or revoke the order entirely and re-sentence you for the original offence, which would likely result in a conviction.

Is it better to plead guilty to get a section 10?

Pleading guilty at the earliest opportunity is a sign of remorse and is looked upon favourably by the court. It shows you have accepted responsibility, which can increase the chances of the court granting a Section 10.

What is the difference between a section 10 and a conviction?

A Section 10 means you are found guilty but the offence is not recorded on your criminal record. A conviction means you are found guilty and the offence is formally recorded, creating a criminal record.

What is a section 10, and how do people get one?