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What Is a Section 10 in NSW?
A section 10 is the best realistic outcome in most criminal and traffic matters: the court finds the offence proven but records no conviction. No criminal record from the matter, no fine, and for traffic offences, no licence disqualification. It comes from section 10 of the Crimes (Sentencing Procedure) Act 1999, and getting one is rarely luck. It’s preparation.
Section 10 vs a Recorded Conviction
A recorded conviction follows you well beyond the courtroom. It shows up on a standard National Police Check, which most employers now ask for. It can affect working with children checks, some professional licensing, including trades, security, real estate and health professions, and in some cases visa applications and travel to countries with strict entry requirements. A section 10 avoids all of this because no conviction is recorded against you. That’s the practical difference clients care about most, not the legal technicality, but what it actually changes about their life going forward.
What the Court Considers
The court weighs your character, age, health and mental condition, how trivial or serious the offence was, any extenuating circumstances, and anything else it considers relevant. In practice, the strongest section 10 applications combine a genuine explanation of the offending, character references that address the charge honestly, early steps like counselling, treatment or a traffic offender program, and persuasive submissions that put it all together.
Offences Where a Section 10 Is Commonly Sought
We regularly seek section 10 outcomes across a wide range of charges, including:
- Common assault, particularly first offences with a genuine explanation and strong references.
- Drink driving, where a section 10 avoids both the criminal record and the licence disqualification.
- Drug possession matters, especially where the client has taken early steps such as a drug education program.
- Breaching an AVO, where the circumstances and the complainant’s position can support a non-conviction outcome.
- Fraud offences involving smaller amounts and genuine remorse.
- Negligent driving and speeding, where a conviction would put a licence or livelihood at risk.
Not every offence qualifies, and the more serious the charge, the harder the court is to persuade. The right preparation still makes the difference.
Traffic Offences and Section 10
For drink driving and other major traffic offences, a section 10 means no disqualification and no interlock order, which is often the difference between keeping and losing a job. One limit applies: under section 203 of the Road Transport Act 2013, you cannot receive a second section 10 for a major traffic offence if you have already had one for any major traffic offence in the previous five years.
Section 10 at Your Local Court
We appear on section 10 applications at Local Courts across Sydney every week, including:
- Bankstown
- Parramatta
- Liverpool
- Sydney (Downing Centre)
- Blacktown
- Fairfield
- Campbelltown
- Burwood
- Penrith
- Sutherland
Don’t see your court listed? We appear across NSW. Call us to discuss your matter.
Common Questions
Will a section 10 show up on my record?
Can I get a section 10 twice?
There’s no general ban outside the five-year traffic rule, but courts are far less generous the second time. If you’ve had one before, the preparation needs to be even stronger.
Is a section 10 the same as being found not guilty?
No. The offence is proven, but the court exercises its discretion not to convict. If you have a genuine defence, running it may be the better path, and we’ll give you a clear view of both options. Our criminal defences page covers the defences that can lead to a full acquittal.
Do I need a lawyer to get a section 10?
What is a conditional release order (CRO)?
A conditional release order is the formal name for a section 10(1)(b) outcome. The court doesn’t record a conviction but places you on conditions, usually just good behaviour, for up to two years. Breaching those conditions can bring you back before the court, so it’s not a formality to ignore, but for most clients it carries no real burden beyond staying out of trouble.
Does a section 10 affect a visa or travel overseas?
How We Prepare Your Application
We start well before the sentence date: advising on references (who to ask and what to cover), organising the traffic offender or anger management program where it helps, preparing your explanation, and appearing at Local Courts across Sydney to make the submissions. It’s routine work for us and life-changing for the client.
Charged with an offence and hoping to avoid a conviction? Call Blackridge Law now.
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Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
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