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How "bad" is a Class B Misdemeanor on your record?

Saratoga Springs, NY |

I have been charged with a Class A misdemeanor in New York State. I have been offered a "deal" to plead guilty to a Class B misdeameanor, with no jail time, and a very small fine. Financially, this is an attractive deal. But if I seek a different job with background checks, I fear I'll have some explaning to do. The charge offered was something related to harrassment.

Attorney Answers 4


  1. Best answer

    The only difference between an A and a B misdemeanor is the amount of jail time you and receive. In your case it doesn't seem like jail is even on the table so there is no difference. If you plead guilty to a B misdemeanor you will have a criminal record for life (New York does NOT expunge criminal records). I suggest you retain an attorney if you haven't already done so. S/he may very well be able to negotiate a disposition to disorderly conduct or some other violation which is not a crime and won't burden you in the future. Good Luck!


  2. A "B" v. an "A" misdemeanor is still a crime so you will permanently have a criminal record.

    There is a Harassment in the 1st degree which I believe is a B misdemeanor but that doesn't make it better.

    I would have your attorney fight for the violation instead of the crime if at all possible.

    Joseph A. Lo Piccolo, Esq.
    Hession Bekoff & Lo Piccolo, LLP
    President, Criminal Courts Bar Association of Nassau County
    1103 Stewart Avenue, Suite 200
    Garden City, NY 11530
    (O) 516-408-3666
    (F) 516-408-3833
    Jlopiccolo@hbclaw.net

    Sent from my Verizon Blackberry

    ----- Original Message -----


  3. A Class B misdemeanor is the lowest crime in NYS, but a plea to that charge will leave you with a criminal record.


  4. There is really no advantage to a class B misdemeanor over a class A misdemeanor when the punishment is predetermined and you stay out of trouble. The maximum punishment is potentially greater on a class A misdemeanor but both will leave you with a permanent criminal record that cannot be expunged.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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