A Section 10 dismissal is an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) that lets a court find you guilty of an offense without recording a conviction against you.1Australasian Legal Information Institute. New South Wales Code – Crimes (Sentencing Procedure) Act 1999 – Section 10 It is one of the most favorable outcomes available in a NSW criminal case, because the lasting consequences people fear, including the mark on a police check and the disclosure obligations that follow, flow from the conviction itself and not from the finding of guilt.
For most purposes, someone who receives a Section 10 can truthfully say they have no criminal conviction. Under the Criminal Records Act 1991 (NSW), a finding of guilt without conviction is treated as spent immediately. A recorded conviction, by contrast, requires ten consecutive crime-free years before it is spent under the same Act.2NSW Legislation. Criminal Records Act 1991 No 8
The Three Types of Section 10 Orders
Section 10 comes in three forms, and which one you receive changes what happens next.
Section 10(1)(a) — Outright dismissal. The court finds you guilty, then dismisses the charge with no conditions. Nothing is recorded. It is the cleanest result short of an acquittal.
Section 10(1)(b) — Conditional release order. The court finds you guilty and releases you on a conditional release order (CRO) for up to two years. Standard conditions are that you not commit any offense and that you appear if called on. The court can attach extra conditions such as rehabilitation, abstention from drugs or alcohol, non-association, geographic exclusions, or supervision. While the CRO is active it may show on a nationally coordinated criminal history check; once it expires without breach, it is removed.3Judicial Commission of NSW. Conditional Release Orders (CROs)
Section 10(1)(c) — Intervention program. The court finds you guilty and releases you on condition that you enter an intervention program and comply with any resulting plan. Common examples are drug rehabilitation and traffic offender programs. The assessment report alone can take up to eight weeks, so this option adds time to the case.1Australasian Legal Information Institute. New South Wales Code – Crimes (Sentencing Procedure) Act 1999 – Section 10
A quick note on terminology. Older references to Section 10 mention “good behaviour bonds.” NSW abolished those bonds in 2018 through the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 and replaced them with CROs.4NSW Legislation. Crimes (Sentencing Procedure) Act 1999 No 92 If you read “good behaviour bond” in a Section 10 context, it refers to what is now a CRO.
What the Court Looks At
The statute gives the court broad discretion and lists the factors it weighs when deciding whether to grant a Section 10 rather than record a conviction:1Australasian Legal Information Institute. New South Wales Code – Crimes (Sentencing Procedure) Act 1999 – Section 10
- Your character, prior good conduct, employment history, and community involvement.
- Your age, health, and mental condition.
- How trivial the offense was. The more minor the conduct, the stronger the case for Section 10.
- Any extenuating circumstances, such as unusual pressure or hardship contributing to the offense.
- Any other factor the court considers appropriate.
The court also considers what a conviction would cost you in practical terms. If a recorded conviction would cost you your job, a professional license, or the ability to travel, that disproportionate impact weighs in favor of a Section 10. First-time offenders with otherwise clean records are the strongest candidates. Repeat offenders are not automatically excluded, but the bar is higher.
A guilty plea that shows genuine remorse strengthens your position, though it is not strictly required. Someone found guilty after a defended hearing can still receive a Section 10, but it is less common.
How to Ask for a Section 10
You do not file a formal application. Your lawyer makes submissions to the magistrate or judge at sentencing, arguing that the circumstances justify dismissal without conviction. What goes into those submissions matters more than most people realize.
Effective materials usually include:
- Character references from employers or community members, addressed to the presiding magistrate.
- A written account of the circumstances surrounding the offense.
- An apology letter demonstrating genuine remorse.
- Where relevant, psychological reports or evidence of counseling already undertaken.
Courts respond to concrete evidence that you understand what happened and have already taken steps to prevent it from happening again. Vague expressions of regret carry much less weight than specific, documented action.
When Section 10 Is Off the Table
Some limits are hard. You cannot receive a Section 10 for a second major traffic offense within five years. If you have previously received a Section 10, the court will be more skeptical about granting another one. Certain offenses under environmental and industrial legislation also restrict availability.
Section 10 vs. Section 10A
Section 10A sits next to Section 10 in the same Act and is easy to confuse. Under Section 10A, the court records a conviction but imposes no further penalty beyond the conviction itself.5Australasian Legal Information Institute. New South Wales Code – Crimes (Sentencing Procedure) Act 1999 – Section 10A The difference matters: a Section 10A order leaves you with a criminal conviction on your record even though you receive no punishment. A Section 10 order does not.
If your main concern is avoiding a criminal record for employment, licensing, or travel, Section 10 is the outcome you want. Section 10A is appropriate when the court thinks the offense warrants formal acknowledgment through a conviction but nothing more.
How a Section 10 Shows Up on Police Checks
What appears on a background check depends on which Section 10 you received. An outright dismissal under Section 10(1)(a) does not appear on a nationally coordinated criminal history check, because no conviction is recorded and no order is in force. An intervention program order under Section 10(1)(c) similarly does not appear on standard checks.
A CRO under Section 10(1)(b) is the exception. The order will appear on your criminal history check for its duration, up to two years. Once it expires without breach, the record is removed.
Under the Criminal Records Act 1991, a Section 10 finding is spent immediately. Once spent, you are not required to disclose it, and any question about your criminal history is taken to refer only to unspent convictions.2NSW Legislation. Criminal Records Act 1991 No 8 Narrow exceptions apply: certain enhanced checks for working with children or vulnerable people, and internal police records, may still reflect the finding regardless of its spent status.
What Happens if You Breach a CRO
If you were released on a Section 10(1)(b) CRO and violate a condition, the court can bring you back for a breach hearing. If the breach is established, the court has two options. It can adjust the conditions, or it can revoke the Section 10 entirely, record a conviction for the original offense, and resentence you. Resentencing can involve any penalty available for that offense, including fines, community correction orders, or imprisonment.
The real cost of a breach is not the new consequence on its own. It is losing the Section 10 and ending up with the conviction you were trying to avoid in the first place. Missing a reporting obligation or picking up a new charge during the CRO’s term can undo the entire benefit, so treat the conditions as seriously as the sentencing outcome itself.