John Banks will be back in the High Court at Auckland on Friday morning to find out if he can keep his clean record.
He was found guilty in May of filing a false electoral return in relation to his failed bid to become Auckland's first Supercity mayor.
Lawyer David Jones, QC, will ask for a discharge without conviction. He will need to convince the court that the consequences of a conviction are out of all proportion to the gravity of Banks' offence.
If that does not happen, Justice Wylie will decide on an appropriate sentence.