Former CIA Director David Petraeus

Former CIA Director David Petraeus faces sentencing Thursday for allegedly leaking classified information to a mistress who was writing his biography, Reuters reports. 

The retired U.S. Army General has pleaded guilty to a misdemeanor count of unauthorized removal and retention of classified material.

But Petraeus won’t be sent to prison because of an agreement he made with prosecutors in March to pay a $40,000 fine and receive two years of probation.

A federal judge, however, is not bound by the agreement with prosecutors.

Petraeus reigned from the CIA in 2012 following the revelation that he was having an affair with his biographer, Paula Broadwell.