Not every charge ends in a trial, and not every ending is a conviction. A criminal charge can leave the system in several different ways, and they are not equivalent — some leave no record at all, others leave a trace that shows on certain background checks.

This page explains the routes out, who controls each one, and what each leaves behind.

What does it mean when a charge is withdrawn?

A withdrawal is the Crown deciding not to proceed. The charge is gone and there is no finding of guilt, no conviction and no sentence.

The Crown can withdraw a charge before a plea is entered. Once a plea has been entered, a withdrawal requires the leave of the court. A judge otherwise has limited control over the decision — it belongs to the prosecution.

Why would the Crown withdraw a charge?

In Ontario the Crown applies a two-part screening test throughout a prosecution: whether there is a reasonable prospect of conviction, and whether a prosecution is in the public interest. A charge is withdrawn when one of those fails. In practice that includes:

  • the evidence is insufficient, or has weakened since the charge was laid;
  • evidence has emerged that exculpates the accused;
  • a key witness is unavailable or the evidence cannot be proved;
  • evidence has been excluded following a successful Charter application;
  • the accused has completed a diversion programme or entered a peace bond;
  • continuing is not in the public interest given the circumstances of the offence and the accused.

What is the difference between a withdrawal and a stay?

They both stop a prosecution, but they are not the same thing.

  • A withdrawal ends the charge outright.
  • A stay of proceedings suspends it. The Crown can recommence within one year; after that the charge is at an end. A stay is also the remedy a court may impose for certain abuses of process or unreasonable delay.

For most practical purposes a stay that is never recommenced has the same effect as a withdrawal, but the distinction matters if you are asked to declare your history.

Can a complainant drop the charges?

No. This is the most persistent misunderstanding in criminal law. In Ontario the police lay charges and the Crown decides whether to prosecute. A complainant is a witness, not the prosecutor, and cannot withdraw a charge.

A complainant who no longer wishes to proceed can say so, properly, through the Victim/Witness Assistance Program or to Crown counsel. The Crown will take that into account, but it is one factor in the screening test, not a veto — particularly in domestic matters, which Ontario prosecutes under a dedicated policy.

Two cautions. A complainant who recants may be asked to explain the change, and knowingly giving a false statement to police can itself be an offence. And an accused who contacts a complainant to discuss it will almost always be breaching a no-contact condition, which creates a fresh charge that is easier for the Crown to prove than the original one.

What are the other ways a charge can end without a conviction?

  • Diversion — completing community service, counselling or a programme, after which the charge is withdrawn. Usually offered on less serious matters to people without a record.
  • A peace bond under section 810 — you agree to conditions for up to 12 months without admitting anything, and the charge is withdrawn.
  • An acquittal — a finding of not guilty after trial.
  • A discharge — technically a finding of guilt, but no conviction is registered. See sentencing explained.

Does a withdrawn charge still show up anywhere?

Not as a conviction — it is not one. But police services keep their own occurrence records, and Ontario's Police Record Checks Reform Act allows a criminal record and judicial matters check to disclose outstanding charges, and a vulnerable sector check to disclose certain non-conviction information in defined circumstances.

So a withdrawal is a good outcome, and it is not always the same as the matter having never happened. Our page on what a criminal record is explains which check shows what.

What should you do if you want a charge withdrawn?

Work toward it rather than wait for it. That normally means obtaining and reviewing the full disclosure, identifying the weakness in the Crown's case, and putting a position to the Crown — sometimes together with a proposal such as counselling or a peace bond.

Charges are rarely withdrawn because someone asked politely at a first appearance. They are withdrawn because the screening test stops being met, and showing that is the work.