News · Criminal law explainer
Charge versus conviction in NSW.
People often use charged and convicted as if they mean the same thing, but they are very different. One is an accusation; the other is a finding of guilt. This note explains the difference in New South Wales, what happens between the two, and why being charged is not the same as having a criminal record.
By Aaron Kernaghan · Published 3 September 2026
A charge is an accusation that you committed an offence; a conviction is a formal finding of guilt recorded by a court. Being charged does not make you guilty, and a charge alone does not give you a criminal record. Between charge and conviction you are presumed innocent, and a charge can be withdrawn, dismissed, or defended. A conviction only follows a plea of guilty or a finding of guilt.
What is a charge?
A charge is a formal accusation that a person has committed a criminal offence. It is usually started by police issuing a court attendance notice, or by arrest and charge. A charge sets out what the person is accused of and requires them to answer it in court.
A charge is the beginning of a criminal case, not the end. It is an allegation that has to be proved. Being charged does not mean a person is guilty.
What is a conviction?
A conviction is a formal finding by a court that a person is guilty of an offence, recorded against them. It follows either a plea of guilty, or a finding of guilt after a defended hearing where the prosecution proves the charge beyond reasonable doubt. A conviction is what creates a criminal record for the offence.
So a conviction is a court decision, made at the end of the process, not something that happens simply because a charge was laid.
What happens between charge and conviction?
Between charge and conviction, the person is presumed innocent. The matter proceeds through the court: a first appearance, the service of the brief of evidence, a decision on how to plead, and either a plea or a defended hearing. A charge can be withdrawn or dismissed along the way.
So a charge is not a foregone conclusion. Many charges do not end in a conviction, whether because they are withdrawn, dismissed, or successfully defended, or because a court deals with the matter without recording a conviction.
Does a charge give you a criminal record?
A charge alone does not give you a criminal record. A criminal record is created by a conviction. That said, a pending charge can appear on some checks while the matter is on foot, and it can be relevant to some decisions in the meantime, so a charge is not entirely invisible.
But the key point is that being charged is not being convicted. If the charge does not result in a conviction, there is no conviction to record. A section 10 is an example of a finding of guilt with no conviction recorded.
Why the difference matters
The difference matters because everything is still to play for after a charge. A charge can be answered, negotiated, defended, or resolved without a conviction. Treating a charge as if it were a conviction gives up that ground.
So the response to a charge is to get advice and work out the best path, not to assume the worst. Our notes on the standard of proof and the first thirty days explain what to do after a charge.
Frequently asked.
What is the difference between a charge and a conviction?
A charge is an accusation that you committed an offence; a conviction is a formal finding of guilt recorded by a court. Being charged does not make you guilty, and a charge alone does not give you a criminal record.
Does being charged mean I am guilty?
No. A charge is an allegation that has to be proved. Between charge and conviction you are presumed innocent, and the prosecution must prove the charge beyond reasonable doubt.
Does a charge give me a criminal record?
A charge alone does not give you a criminal record; a conviction does. A pending charge can appear on some checks while the matter is on foot, but if it does not result in a conviction, there is no conviction to record.
When is a conviction recorded?
After a plea of guilty, or a finding of guilt at a defended hearing. A court can also find a charge proven but decline to record a conviction, for example by a section 10.
Can a charge be resolved without a conviction?
Yes. A charge can be withdrawn, dismissed, successfully defended, or dealt with by the court without recording a conviction. Many charges do not end in a conviction.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.