If you’ve been charged with an offence in NSW, you’ve probably heard people talk about “getting a Section 10”. But what does that actually mean, and more importantly, how do you successfully get one?
A Section 10 dismissal is one of the most misunderstood parts of criminal law in NSW, yet it’s also one of the most valuable outcomes you can achieve if you’re facing charges. Here’s what you need to know.
Understanding Section 10 in Plain English
Section 10 refers to part of the Crimes (Sentencing Procedure) Act 1999. It allows a magistrate to find you guilty of an offence but dismiss the charge without recording a conviction against you. Yes, you read that correctly: you can be found guilty without getting a criminal conviction.
This distinction matters enormously. Being found guilty simply means the court accepts you committed the offence. A conviction, on the other hand, creates a criminal record that follows you around, affecting employment, overseas travel, professional licences, and more.
There are two types of Section 10 dismissals:
Section 10(1)(a) is an unconditional dismissal. The court finds you guilty, dismisses the charge, and you walk away with no conditions and no conviction.
Section 10(1)(b) is a conditional release order, commonly called a good behaviour bond. The court finds you guilty, dismisses the charge without conviction, but places you on a bond for up to two years. If you stay out of trouble during that period, no conviction is ever recorded.
Is a Section 10 Actually a Conviction?
This confuses a lot of people, and understandably so. When you receive a Section 10, the court has found you guilty of the offence. That means you’ve admitted or been found to have committed the act. However, the court then exercises its discretion not to record a conviction.
So technically: you’re guilty, but not convicted. The practical difference is everything. Without a conviction recorded, you don’t have a criminal record for that offence.
Does a Section 10 Show on Police Checks?
This is probably the most common question we get, and it’s an important one if you need background checks for work.
The answer depends on which type of Section 10 you received:
Section 10(1)(a) – Unconditional Dismissal: This becomes a “spent conviction” immediately under the Criminal Records Act 1991 (NSW). It will not appear on a standard National Police Certificate. You can honestly answer “no” when asked about criminal convictions.
Section 10(1)(b) – Conditional Release Order (Bond): This will appear on police checks for the duration of your good behaviour bond, which can be up to two years. Once the bond period expires and you’ve complied with all conditions, it becomes spent and no longer appears on police checks.
However, there are some important qualifications to understand. While spent Section 10 dismissals don’t appear on standard police checks, the offence still exists in court records. For certain roles, particularly those involving vulnerable people like children or the elderly, more extensive checks may be conducted that access court records directly. In those situations, you may need to disclose the matter.
Under Section 15 of the Criminal Records Act 1991, you must disclose even spent convictions when applying for positions as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, or teacher’s aide. You must also disclose when applying for a Working With Children Check.
For standard employment screening, visa applications, or professional licence applications, a Section 10 gives you a clean slate once any bond period has expired.
How Long Does a Section 10 Stay on Your Record?
This question stems from confusion about what “your record” actually means. There’s your police record (which shows convictions) and then there are court records (which document all court proceedings).
Your police record: A Section 10(1)(a) never appears here because no conviction was recorded. A Section 10(1)(b) appears only during the bond period, then becomes spent.
Court records: The court proceeding itself remains in court records, as all court matters do. However, these aren’t typically accessed for standard background checks.
If you received a Section 10(1)(b) with a good behaviour bond, you’ll need to comply with the bond conditions for the specified period (usually 12-24 months). Once that period expires without incident, the matter is completely behind you with no conviction ever recorded.
What Makes a Section 10 Application Successful?
Magistrates have broad discretion when deciding whether to grant a Section 10, and they consider several factors outlined in Section 10(3) of the Crimes (Sentencing Procedure) Act 1999. Understanding these can dramatically improve your chances.
The legislation directs magistrates to consider the person’s character, age, health, and mental condition. They also weigh whether the offence was trivial, whether there were extenuating circumstances, and crucially, the likely impact of recording a conviction on the person’s life.
Let’s break down what this means practically.
Your character and history matter significantly. A clean record works strongly in your favour. If this is your first offence, or if you’ve stayed out of trouble for many years, make sure the magistrate knows this. Character references from employers, community members, or people who can speak to your reputation are valuable here.
The nature of the offence influences the decision. While Section 10s are possible for many offences, they’re more commonly granted for less serious matters or first-time offences. A minor traffic infringement or low-range drink driving charge has a better chance than a serious assault. That said, even more serious matters can receive Section 10s in the right circumstances.
Remorse and rehabilitation carry weight. Courts want to see that you understand what you did wrong and have taken steps to address it. This might mean completing a traffic offender programme, attending counselling, making amends to victims, or taking courses relevant to your offence.
The impact of a conviction on your life is crucial. This is where you need to be specific and honest. Will a conviction cost you your job? Prevent you from working in your chosen field? Affect your ability to travel for work or family reasons? Impact immigration status? Courts are more likely to grant Section 10s when a conviction would cause consequences disproportionate to the offence itself.
Documentation matters for all of this. Don’t just tell the court you’re a good person or that a conviction would hurt you – prove it. Bring reference letters, employment contracts, evidence of courses completed, medical reports if relevant, and anything else that supports your case.
The Difference Between Section 10 Without Conditions and With a Bond
When courts grant Section 10s, they must decide between an unconditional dismissal or a conditional release order (bond). Which one you receive depends largely on the seriousness of the offence and your circumstances.
Unconditional dismissals under Section 10(1)(a) are exactly that – no strings attached. The court finds you guilty, dismisses the charge, and you’re done. These are typically reserved for truly minor matters or situations where your character and circumstances are particularly compelling.
Conditional release orders under Section 10(1)(b) come with a good behaviour bond, usually for 12 or 24 months. During this period, you must not commit any offences. The bond may include additional conditions like attending counselling, performing community service, or staying away from certain people or places.
If you comply with all conditions during the bond period, no conviction is ever recorded and the matter is complete. If you breach the bond by committing another offence or failing to meet conditions, you could be brought back to court and face penalties for both the original offence and the breach.
Courts often prefer bonds for anything beyond very minor matters because it provides a period of supervised good behaviour. Don’t view a bond as a negative outcome – it’s still a Section 10, which means no conviction. The conditions are there to support your rehabilitation, not to punish you.
Section 10 for Specific Offences
The success rate for Section 10 applications varies significantly depending on the type of offence.
For traffic matters like speeding, mobile phone use while driving, or even low-range drink driving (first offence), Section 10s are relatively common if you present your case properly. Courts recognise that these offences, while serious, often involve good people making poor decisions, and that a criminal conviction seems disproportionate.
Drink driving deserves special mention because many people assume Section 10s aren’t available for PCA offences. They are, particularly for first-time low-range offenders, but you’ll typically need strong character evidence and clear reasons why a conviction would be especially harmful (like losing your job if you can’t drive for work). You can learn more about drink driving penalties in NSW on the NSW Government website.
Important restriction for traffic offences: Under Section 203 of the Road Transport Act 2013, you cannot receive a Section 10 for drink driving, drug driving, and certain other serious traffic offences if you’ve already received one for an “applicable offence” within the previous 5 years. This is a strict limitation that many people don’t realise exists.
For assault charges, Section 10s are possible but less common. Courts need to see significant mitigating circumstances – perhaps the assault was relatively minor, you were provoked, there are mental health issues at play, or you’ve made genuine efforts at rehabilitation. Common assault has better prospects than assault occasioning bodily harm.
Drug possession charges for small quantities (personal use) can often result in Section 10s, especially for first offenders. Courts are increasingly recognising that criminal convictions for minor drug possession can be counterproductive, preventing young people from gaining employment or education opportunities.
Can You Get More Than One Section 10?
While there’s no absolute legal limit on how many Section 10 dismissals you can receive in your lifetime, each prior Section 10 makes future ones less likely.
Critical exception: For certain traffic offences, Section 203 of the Road Transport Act 2013 prohibits courts from granting a Section 10 if you’ve received one for an “applicable offence” (including drink driving, drug driving, dangerous driving, and certain other serious traffic matters) within the previous 5 years. This is a hard restriction.
For other offences, magistrates exercise discretion based on your overall character and history. If you’ve already received one Section 10, you’ve already been given a significant benefit by the court. Coming back a second or third time suggests a pattern of offending behaviour, even if no convictions have been recorded.
That said, if there’s a substantial time gap between offences – say, you received a Section 10 ten years ago for a minor matter, and you’ve stayed completely out of trouble since – courts may still view you favourably. Context matters.
Can You Travel Overseas With a Section 10?
Within Australia, a Section 10 creates no travel restrictions whatsoever. You’re free to move about as you wish.
For international travel, the situation requires careful attention, particularly for the United States.
For most countries: Because no conviction was recorded, you genuinely don’t have a criminal conviction for Australian purposes. This means you can honestly answer “no” to questions about criminal convictions on most visa applications.
For the United States: This is where it gets more complicated, and many people get caught out. The US Electronic System for Travel Authorization (ESTA) and visa applications ask whether you have “ever been arrested or convicted for a crime” or “ever been charged with a crime”. These questions are not limited to convictions.
You must disclose a Section 10 on US visa applications when asked about arrests or charges, even though you received no conviction. The question explicitly includes arrests and charges “even though subject to a pardon, amnesty, or other similar action”.
If you disclose the charge, you may need to apply for a full visa rather than using the ESTA visa waiver programme. If you fail to disclose when required, the consequences are severe – you could be denied entry, deported, or permanently banned from the United States under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act for fraud or misrepresentation.
When in doubt about any international travel, be honest or seek specific advice about the country you’re planning to visit. The stakes are too high to guess.
Do You Need a Lawyer for a Section 10 Application?
Legally, no. You can represent yourself in court and ask the magistrate to consider a Section 10.
Practically, having a lawyer significantly improves your chances of success. An experienced criminal lawyer knows exactly what evidence magistrates want to see, how to present your case most effectively, and which mitigating factors to emphasise for your particular offence and circumstances.
We regularly see people who’ve attempted to represent themselves and been refused a Section 10, not because they weren’t deserving, but because they didn’t present their case properly. They forgot to bring important documents, failed to address key factors the magistrate needed to consider, or simply didn’t know what to say.
For relatively minor matters with clear-cut circumstances, self-representation might work. For anything more serious, or if your circumstances are complicated, legal representation is worth the investment.
What Happens If Your Section 10 Application Is Refused?
If the magistrate decides not to grant a Section 10, they’ll impose a different penalty instead. This could be a fine, community service, a community correction order, or in serious cases, imprisonment. The conviction will be recorded, creating a criminal record.
You do have options if this happens. Depending on the circumstances, you might be able to appeal the decision or seek to have the conviction spent after a certain period under spent convictions legislation. However, these are complicated processes with their own requirements and time limits.
This is another reason why getting your Section 10 application right the first time matters so much.
Getting Help With Your Section 10 Application
If you’re facing charges in NSW and want to avoid a criminal conviction, preparation is everything. The difference between getting a Section 10 and walking away with a conviction often comes down to how well you present your case and what evidence you bring to court.
We’ve helped hundreds of clients in Penrith and throughout Western Sydney successfully obtain Section 10 dismissals for traffic offences, drug possession, assault charges, and many other matters. We know what local magistrates want to see, and we know how to present your case in the strongest possible light.
Don’t leave something this important to chance. Your future is worth getting right.
Need help with a Section 10 application? Call us or book your free consultation to discuss your situation.
This article provides general information about Section 10 dismissals in NSW. Every case is different, and you should seek specific legal advice about your circumstances. Last updated December 2025.
