How long does a misdemeanor stay on your record in New York

Except for some marijuana crimes, New York has no laws to erase or “expunge” criminal records. New York uses a process called sealing for some cases. Sealing means that the record still exists, but all related fingerprint and palmprint cards, booking photos, and DNA samples may be returned to you or destroyed (except digital fingerprints are not destroyed if you already have fingerprints on file from a different unsealed case). Department of Criminal Justice System, Police, Prosecutor, and in some cases, court records, are hidden from the public.

The following cases are closed or sealed without you having to do anything:

• Cases where you got a Good Result
• Crimes Committed by Children
• Crimes committed byYouthful Offenders
• Violations and Traffic Infractions like disorderly conduct and trespass are partially sealed

If a record that is supposed to be sealed comes up on your Criminal Records search, you can ask to seal that record. See Criminal Records: Correcting Mistakes.

Felonies and Misdemeanors

You can ask the court to seal certain felony and misdemeanor convictions:

• If you have no more than 2 misdemeanors or no more than 1 felony and 1 misdemeanor conviction and have been crime-free for 10 years. Visit Sealed Records: After 10 years
• If you have successfully completed a drug treatment program. Certain convictions listed under the Rockefeller Drug Law Reform can be conditionally sealed. Visit Sealed Records: Drug-Related Crimes.

Certain marijuana misdemeanors are expunged and treated as if they never happened. Read Marijuana and Expungement.

If your criminal history record can’t be sealed, you can still get some of your rights back by getting a Certificate of Relief from Disabilities or a Certificate of Good Conduct. Read Getting Rights Back to learn more.

Who Can See Sealed Records?

When a criminal case is sealed, records can still be seen by:

• You, the defendant (with i.d.)
• Someone you authorize to ask for your records (with i.d.)
• Your employer if you apply for a job where you carry a gun
• Your parole officer, if you are arrested while on parole or probation
• The prosecutor if you move for an ACD on a marijuana charge
• A law enforcement agency after a request to the court

Out-of-state and federal arrests and convictions are not a part of your New York criminal record. New York’s sealing rules have no effect on them.

What is the Penalty for a Misdemeanor in New York

In New York, misdemeanor crimes are classified as either A, B or unclassified. The respective penalties for these misdemeanors relate to the classification of the misdemeanor crime. The sentence for an A misdemeanor in New York can include up to one year in jail, a fine of up to $1,000, probation for two or three years, and/or a conditional discharge which can include the requirement to abide by certain conditions such as an Order of Protection or not being re-arrested.

The sentence for a B misdemeanor in New York can include up to 90 days in jail, a fine of up to $500, probation for one year, and/or a conditional discharge.

The sentence for an unclassified misdemeanor, such as VTL 511(1)(a), driving with a suspended license, varies by the particular offense, but typically includes the possibility of some amount of jail time of one year or less, a fine, and/or a conditional discharge.

• New York Misdemeanor Sentencing Guidelines

What is a Misdemeanor in New York

A misdemeanor in New York is a criminal offense that is punishable by no more than a one year “definite” sentence which would be served in a local jail, not state prison. Misdemeanor convictions will give a person a criminal record in New York, but misdemeanors are less serious than felony convictions and typically carry with them fewer long-term consequences. While you can be sentenced on multiple misdemeanors to jail in excess of one year, an crime that allows for a sentence to go beyond a year is considered a felony.

Do Misdemeanors in New York Show up on a Background Check

Yes. In New York, misdemeanor convictions will typically show up on routine background checks by employers or law enforcement agencies. However, there are ways to seal the record of a past criminal conviction in New York in certain circumstances. To that end, NY CPL 160.59 allows a sentencing judge to seal your case as long as certain criteria is met.

Can You Seal a Misdemeanor in New York

Yes. As of October 2017, a person can ask a court to seal up to two criminal convictions of which either both can be misdemeanors, but only one can be a felony. Review New York’s conviction sealing statute, NY CPL 160.59, for further information. In addition, sealing of court records related to a misdemeanor charge is available to young people who are eligible to receive Youthful Offender status.

Can You go to Jail for a Misdemeanor in New York

Yes, and make no mistake about it. In New York, misdemeanors are punishable by a jail sentence. This can be up to 1 year in local jail (Rikers Island in NYC) for a class “A” misdemeanor, or up to 90 days in jail for a class “B” misdemeanor. Non-criminal violations, such as Disorderly Conduct, are also punishable by up to 15 days in jail.

What are Some Examples of Misdemeanors in New York

Some of the most commonly charged misdemeanors in New York are Petit Larceny, PL 155.25, as it relates to shoplifting, Criminal Possession of a Controlled Substance in the Seventh Degree, cocaine, ecstasy, Molly, heroin, etc., PL 220.03, Criminal Possession of a Weapon in the Fourth Degree, PL 265.01, gravity knives, and Assault in the Third Degree, PL 120.00.

Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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