Can Criminal Charges Be Dropped in Ontario? How Charges Get Withdrawn (2026)

“Can my charges be dropped?” is the question criminal lawyers hear more than any other. The honest answer is: often, yes — but not because anyone simply decides to let it go. In Ontario, charges are withdrawn, stayed, or resolved without a conviction for specific, identifiable reasons. Understanding those reasons is the key to getting there.

Who decides?

Once police lay a charge, the decision to continue belongs to the Crown attorney — not the police officer, and not the complainant. Under Ontario’s Crown Prosecution Manual, a prosecution should continue only where there is a reasonable prospect of conviction and where it is in the public interest to proceed. Both tests are reviewed throughout the case, which means a prosecution that looked strong at the outset can stop meeting them as the evidence is tested.

“The complainant doesn’t want to proceed”

This is the most common misconception. A complainant cannot drop a criminal charge. Their wishes are relevant to the Crown’s assessment — particularly in domestic matters — but the Crown may proceed anyway, and may compel the complainant to testify. What a lawyer can do is put that information before the Crown through proper channels. Contacting a complainant yourself, especially in breach of a no-contact condition, can create new charges.

Six ways charges end without a conviction

• Withdrawal for lack of evidence. Where disclosure reveals weaknesses — unreliable identification, inconsistent accounts, missing evidence — the Crown may conclude there is no reasonable prospect of conviction.
• Charter breaches. If key evidence was obtained by violating your rights (an unlawful search, or a denial of your right to counsel), a judge may exclude it. Without that evidence, the Crown often cannot proceed.
• Diversion. For lower-level, first-time matters, Ontario Crowns can divert a case out of the court system — for example through a charitable donation, community service, or counselling — after which the charge is withdrawn.
• Peace bond. A peace bond under section 810 is a promise to keep the peace and follow conditions for a period of time. In exchange, the criminal charge is withdrawn, and a peace bond is not a criminal conviction.
• Unreasonable delay. In R. v. Jordan, the Supreme Court of Canada set presumptive ceilings of 18 months for cases in the Ontario Court of Justice and 30 months for cases in the Superior Court. Delay beyond those limits that is not attributable to the defence can lead to a stay of proceedings.
• Acquittal at trial. Where the Crown proceeds but cannot prove the case beyond a reasonable doubt, the result is an acquittal.

Withdrawn vs. stayed vs. discharged

These outcomes are often confused. A withdrawal ends the charge. A stay halts the proceeding; a Crown stay can technically be revived within a year, though that is rare. A discharge is different: it follows a finding of guilt, but no conviction is registered, and the record is removed from the national police database after one year (absolute) or three years (conditional). None of these is a criminal conviction, but each has different implications for records and future checks.

What a withdrawn charge leaves behind

Even after a withdrawal, police may retain fingerprints, photographs, and occurrence records. In many cases you can apply to the police service to have fingerprints and photographs destroyed, which helps keep the charge from surfacing on certain background checks. If you were convicted in the past, our guide to record suspensions in Canada explains the options.

How a lawyer gets charges withdrawn

Getting a charge withdrawn is rarely a single conversation. It is the product of a careful disclosure review, identifying the weaknesses and Charter issues, presenting mitigating information, and negotiating with the Crown from a position of trial readiness. Crowns respond differently to a file where the defence is prepared to litigate. For a step-by-step view of where these opportunities arise, see our guide to the Ontario criminal court process.

What you can do to improve the odds

• Say nothing to police about the allegation without legal advice. Many cases that could have been withdrawn are saved for the Crown by the accused’s own statement.
• Follow every release condition to the letter. A breach adds a new charge and makes the Crown far less willing to resolve the original one.
• Gather your documents — messages, receipts, photos, names of witnesses — and give them to your lawyer, not to the police.
• Consider proactive steps where appropriate, such as counselling or treatment. Your lawyer can advise whether this would help and how to present it to the Crown.
• Keep your life stable. Employment, schooling, and family support all matter when the Crown weighs the public interest in continuing a prosecution.

How long does it take?

Some charges are withdrawn at an early appearance once the Crown has reviewed the file; others are withdrawn only after a Charter application succeeds or on the eve of trial. Diversion programs and peace bonds typically resolve a case over a few months. There is rarely an instant answer, which is why it matters that the defence is working the file from the first appearance.

Will a withdrawn charge show up on a background check?

In Ontario, the Police Record Checks Reform Act, 2015 restricts the release of non-conviction information, such as withdrawn charges, on most police record checks. Vulnerable-sector checks are the main exception, and only in limited circumstances. Even so, records can remain in police databases, which is another reason to request the destruction of fingerprints and photographs once a charge is withdrawn.

Should I just plead guilty to get it over with?

It is an understandable instinct, but rarely a wise one before the evidence has been reviewed. A guilty plea usually means a criminal conviction, with consequences for employment, travel, and immigration that can last for years. Many cases that feel hopeless at the first appearance look very different once the disclosure is examined. At minimum, get an assessment of the Crown’s case — and of the alternatives — before deciding how to plead.

Speak with Aaron about your options

Aaron M. Spektor has spent 30 years securing withdrawals, peace bonds, diversions, and acquittals for clients across the Greater Toronto Area — documented on our results page. For a free, confidential assessment of your case, call (416) 599-1900 or request a consultation.

Sources

• Crown Prosecution Manual — Government of Ontario
• Criminal Code (R.S.C. 1985, c. C-46) — Justice Laws
• Canadian Charter of Rights and Freedoms — Justice Laws
• R. v. Jordan, 2016 SCC 27 — Supreme Court of Canada

This article is general information about Ontario criminal law, not legal advice. Every case turns on its own facts; speak with a lawyer about your specific situation.