Can a class B misdemeanor be dismissed?

Asked by: Levi Lakin  |  Last update: January 27, 2026
Score: 4.9/5 (49 votes)

Yes, a Class B misdemeanor can often be dismissed through various legal strategies, such as challenges to insufficient evidence, violations of your rights, plea bargains for other charges, or participation in pre-trial diversion programs, especially for first-offense or minor cases, with the help of a defense attorney negotiating with the prosecutor.

What percentage of misdemeanor cases get dismissed?

While exact national figures vary, studies suggest a significant portion of misdemeanor cases are dismissed, with rates potentially ranging from around 17% to over 27% in some jurisdictions, though many more are resolved through plea bargains rather than trial, with data from North Carolina showing nearly 33% of misdemeanors dismissed. Misdemeanor dismissal rates are often higher than felony dismissals due to weaker evidence or prosecutorial discretion, but most cases (up to 94%) are resolved before trial, primarily through guilty pleas.
 

Will a class B misdemeanor show up on a background check?

In California, all misdemeanor criminal convictions can show on a background check for a time. A background check is when an employer screens someone's history. They can disclose several issues, such as their criminal history, criminal convictions, jail time, and credit reports.

How to fight a Class B misdemeanor charge?

When you were charged with the crime, you need to have a criminal defense attorney for the best result. You may have defenses in the fax may be weak, but that does not mean the state will simply dismiss the charges, so you need an attorney to defend you.

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

Can A Class B Misdemeanor Be Dropped? - CountyOffice.org

42 related questions found

How to convince a judge to drop charges?

8 possible grounds for dropping charges

  1. insufficient evidence of guilt,
  2. new evidence undermines the prosecution's case,
  3. illegal search or seizure,
  4. violation of other constitutional rights,
  5. your high likelihood of prevailing at trial with a legal defense,

Can I still get a job with a class B misdemeanor?

Though misdemeanor convictions aren't as serious as felony convictions, and some employers only ask about felonies, a misdemeanor on your record can hinder your job search. So you must know how to manage the situation in case it comes up, especially when it comes to background checks on criminal records.

How does a class B misdemeanor affect your life?

Misdemeanor crimes can affect education and professional licenses. Past criminal activity might make it hard to get into certain schools or receive financial aid. Jobs requiring licenses, like law or medicine, could be out of reach.

What is the hardest background check to pass?

The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist. 

Should I plead guilty to a misdemeanor?

Impact on Criminal Record

Pleading guilty creates a criminal record that won't disappear on its own. That record can affect jobs, housing, and even education opportunities for years. In some cases, expungement might be possible, but eligibility depends on your state and the circumstances of your case.

What are 5 reasons for dismissal?

What are the fair reasons for dismissal?

  • Dismissal for misconduct. One of the five reasons for fair dismissal of an employee is for their conduct whilst at work. ...
  • Capability dismissal. ...
  • Redundancy. ...
  • Statutory restriction. ...
  • Dismissal for some other substantial reason (SOSR)

Do prosecutors ever drop charges?

A Violation of Your Rights Could Lead to Dropped Charges

As new evidence about your case comes to light, the prosecutor may reevaluate whether they can win a conviction and trial and may decide to drop charges.

Can a misdemeanor affect your job?

Yes, a misdemeanor can affect employment, especially if it's recent, serious (like theft or violence), or relevant to the job (e.g., a DUI for a driving role), but many factors like "Ban the Box laws," expungement, and your honesty can significantly influence the outcome, with many people finding jobs despite a record. Employers often focus on the crime's nature, severity, and relevance to job duties, with industries like childcare, finance, or healthcare being stricter. Being upfront and explaining rehabilitation can build trust, while some state laws limit how early employers can ask about criminal history. 

What rights do you lose with a misdemeanor?

Those consequences can include months in jail, either pretrial or as a consequence of failing to pay fines and fees; reduced employment and earning capacity triggered by arrest and conviction records; the loss of housing, public benefits, financial aid, and immigration status.

Can you get rid of a class B misdemeanor?

A plea bargain is basically a deal: you agree to plead guilty to something less serious, and they agree to drop the Class B misdemeanor. For example, a trespassing charge might get reduced to a minor infraction or a fine-only violation.

Is your life ruined after a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

Do I have to tell my job if I get a misdemeanor?

Some states have “ban the box” laws that stop employers from asking about criminal history on job applications. In California, employers can't ask about arrests that didn't lead to convictions.

Do misdemeanors show up on background checks?

Yes, misdemeanors generally show up on background checks as they are part of your criminal record, but whether they appear depends on the check's scope (state vs. national), state laws (some limit reporting timeframes or allow expungement), the specific court records found, and if the conviction has been sealed or expunged. Expect misdemeanors to be visible unless you've successfully expunged them or the check is very limited geographically or by time, as states often have rules restricting reporting after several years. 

What jobs won't hire you with a misdemeanor?

Misdemeanors That Prevent Employment in 2025

  • Being hired as a nurse or in the medical industry may be severely impacted by a minor drug charge.
  • Getting hired by a bank may be difficult if you have a minor conviction for theft, fraud, or dishonesty.

Can you join the army with a class B misdemeanor?

The short answer is that a misdemeanor conviction doesn't automatically bar you from joining the Armed Forces. However, it does complicate the enlistment process. The nature of the misdemeanor and what it says about your moral character are considerations a recruiter will account for when determining your eligibility.

What is the most popular reason that cases get dismissed?

The most common reasons cases get dismissed involve insufficient evidence for the prosecution to prove guilt beyond a reasonable doubt, and violations of the defendant's constitutional rights (like illegal searches or seizures), making key evidence inadmissible, alongside issues like witness unavailability, procedural errors, or prosecutorial discretion where charges are dropped due to lack of interest or resources, especially in criminal matters. In civil cases, settlements often lead to dismissal before trial. 

What color do judges like to see in court?

Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
 

What not to say to your lawyer?

You should not tell a lawyer to downplay injuries, admit fault, lie, exaggerate, withhold details, or trash-talk others involved; avoid telling them how to do their job, comparing them to other lawyers, being overly casual (like saying "you guys"), or discussing irrelevant personal info, as honesty is key, but focus on facts and let the lawyer guide strategy, especially regarding admissions or social media posts.