New York Misdemeanors

A misdemeanor is a criminal offense that is less serious than a felony but more serious than a violation. Misdemeanor crimes are punishable by up to 364 days in a local jail.

What Is a Misdemeanor in New York?

New York defines misdemeanors as a set of crimes that are less severe than a felony and carry a jail term of less than 364 days. It is different from felonies that are prosecuted with imprisonment that exceeds one year in jail or state prison. Some misdemeanors are common in New York. These include petit larceny, certain third-degree assaults, and many first-offense DWI charges. Repeat or aggravated factors may elevate penalties for misdemeanors to felony charges.

Misdemeanor Classes and Penalties in New York

According to Section 70.15, New York does not use A/B/C/D classes. It simply classifies misdemeanors into class A, class B, and unclassified types (such as driving while intoxicated (DWI)). The penalties for each class are listed as follows:

• Class A misdemeanor: Offenders may be sentenced to a maximum of 364 days in jail and a fine up to $1,000 (or more if the statute sets a higher amount that is tied to a property value).
• Class B misdemeanor: less than three months in jail with an additional fine of less than $500.
• Unclassified misdemeanor: The penalties are defined by the specific law that lists the consequences for that particular misdemeanor.

The judge may add other penalties beyond jail and fines. These include penalties such as probation, restitution, treatment/counseling, community service, and mandatory state surcharges (which differ by offense level).

Misdemeanor Court Process in New York

The New York City Criminal Court handles misdemeanors, conducts preliminary hearings for felonies, and arraigns most cases. Outside New York City, Town and Village courts handle misdemeanors.

From stop to sentencing: the typical path for the criminal court process in New York includes:

• Appearance ticket or arrest. Police officers may issue an appearance ticket (often called a Desk Appearance Ticket) directing suspects to appear later for arraignment.
• Arraignment. The judge will read the rights to the defendant, address release conditions (bail/release), and provide counsel (if needed).
• Pre-trial. The attorneys finalize every discovery, motion, and plea discussion. Any plan for diversion or treatment courts is also discussed. Failure by both attorneys to reach a plea agreement will lead to a trial.
• Trial. For misdemeanor cases, a six-person jury trial is scheduled unless the defendant explicitly waives his/her right to a jury trial in writing and requests a bench or non-jury trial. In a non-jury trial, the judge hears all the evidence from both sides and decides whether the defendant is guilty or not guilty.
• Sentencing. After hearing all evidence, motions, or the jury’s verdict, the judge may impose a maximum sentence of 364 days in county jail. The court has other sentencing options, including probation, fines, community service, and driver's license suspension, to name a few.

Misdemeanor Records in Major New York Cities

The New York Unified Court System offers public portals, but individuals may visit the clerk of the Criminal Court to access court records.

• New York City (NYC). The New York City Criminal Court handles misdemeanors and lesser offenses. The criminal courts of the City of New York are located in all five boroughs, and record seekers may visit the clerk’s office to retrieve court records. NYC also offers a Criminal Court Web Payment Portal to pay certain fines electronically.
• Buffalo (Erie County).Buffalo City Court provides contact information for individuals to reach the Criminal Records desk.
• Rochester (Monroe County).Rochester City Court posts location/contact information for the Criminal Division Clerk’s Office. Individuals may pay a copy fee (to obtain court records) at the clerk’s office.

How to Search for Misdemeanor Records in New York

The official misdemeanor records are available to the public, except for sensitive information, juvenile records, and sealed matters. Details such as the defendant’s name, docket number, charges with statute cites, future appearance dates, parts/judges, and basic status are available in a typical official record. Individuals may obtain copies of misdemeanor records from criminal records, or court records through:

• Court Portal. The public may use the WebCriminal Portal to access case information for New York City's active/closed criminal courts. They may search the portal by case number, names of the defendant, or docket.
• Clerk’s Office. Official court records, including misdemeanor case files, are available at the clerk’s office where the case was prosecuted. Individuals may view the records free of charge but must pay a copy fee.
• Criminal History Search. The New York State Office of Court Administration (OCA) provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00. Record seekers may submit a CHRS request via the online Direct Access program. Alternatively, they may complete the Criminal History Record Search Application Form and submit the form in person or by mail.
• The Division of Criminal Justice Services (DCJS). The DCJS is responsible for maintaining New York State’s official criminal history records. This agency is the only source of these official records. Individuals may request their official criminal history records from the DCJS.
• Third-party Agents. There are third-party agents and online background check companies that often use public databases that are based on name and demographic information, not fingerprints. This information may sometimes be incomplete or inaccurate.

How Long Does a Misdemeanor Stay on Your Record in New York?

Without court-ordered or automatic relief, a misdemeanor conviction remains publicly accessible on court or agency records indefinitely. New York allows individuals to seal (in some instances, expunge) certain misdemeanors. These offenses depend on the outcome and offense.

Records are sealed if a case ends in a defendant’s favor (dismissal, acquittal, or decline). Individuals may petition the court to seal up to two convictions (one may be a felony) after 10 years of criminal conduct, subject to exclusions.

New York’s Clean Slate Act took effect on November 16, 2024. This law will automatically seal certain criminal records after a required waiting period, three years after conviction or release from jail for a misdemeanor. The defendant must have maintained a clean record and is no longer on probation or parole.