Texas Class B Misdemeanors

Texas classifies offenses as either misdemeanors or felonies. Misdemeanors are categorized into Class A, Class B, and Class C. They are punishable by a minimum fine of $500 and a maximum fine of $4,000 or imprisonment ranging from 180 days to one year in a county facility. On the other hand, felonies are more severe than misdemeanors. They are classified into capital, first-degree, second-degree, third-degree, and state-jail felonies. Felonies carry substantial penalties, including fines and imprisonment for a term of years or for life in a state prison.

Class B misdemeanors are generally considered more serious than Class C misdemeanors. Minor assaults, traffic-related offenses, and other non-violent crimes outlined in the Texas Penal Code are typical examples of Class B misdemeanors. Records of such crimes are typically open to the public.

Common Examples of Class B Misdemeanors in Texas

Class B misdemeanors in Texas cover a range of offenses that are considered more serious than Class C misdemeanors but less severe than Class A misdemeanors. Typical examples include:

• Harassment (Texas Code § 42.07)
• Criminal trespass (Texas Penal Code § 30.05)
• Prostitution (first offense) (Texas Code § 43.02)
• Reckless driving (Texas Transportation Code § 545)
• Driving while intoxicated (first offense) (Texas Penal Code § 49.04)
• Possession of marijuana (up to 2 ounces) (Texas Penal Code § 481.121)
• Theft of property valued between $100 and $750 (Texas Penal Code § 31.03)
• Failure to stop and report a collision involving damage to the vehicle worth $200 or more (Texas Code § 550.022)

Statute of Limitations for Class B Misdemeanors in Texas

According to the Texas Code of Criminal Procedure, Article 12.02(a), an indictment for any Class B misdemeanor must be filed within two years of the offense being committed. The clock generally begins on the day after the offense was committed. Under Art. 12.04 of the Code of Criminal Procedure, the day of the offense and the day of filing are excluded from the computation.

Legal Penalties for Class B Misdemeanors

According to Texas Penal Code § 12.22, anyone found guilty of a Class B misdemeanor may be punished by a maximum fine of $2,000, a jail term of up to 180 days, or both. If the defendant has a prior Class A, Class B, or felony conviction, a new Class B misdemeanor may carry a sentence of 30 to 180 days in jail and the applicable fine (Texas Penal Code § 12.43(b)). Based on the severity of the offense, the court may order two years of community supervision (§ 42A.053) or require 30 to 90 days of treatment programs (§ 462.081). Beyond these sentences, a Class B misdemeanor conviction may become part of an individual’s criminal record, which may be visible on background checks.

Court Process for Class B Misdemeanors

The anatomy of a Class B misdemeanor case in Texas involves several key stages, each of which determines how the case proceeds through the criminal justice system:

• Arrest: A criminal case begins in Texas when a law enforcement agency makes an arrest based on probable cause to believe that a Class B misdemeanor offense has been committed. After the arrest, the arresting agency will send the case to the County Attorney's Office. A prosecutor will review the offense report submitted by the arresting agency and determine whether to file the case.
• Arraignment: The arresting officer will bring the defendant before a judge to enter a plea to the charge. The sentencing may be done during the arraignment or later if the defendant pleads guilty. However, the case may be reset for a pre-trial conference if the defendant remains silent or pleads not guilty.
• Pretrial Conference: The Assistant District Attorney and the defendant, or their attorney, will have a scheduled meeting to determine whether the case will be resolved through a plea agreement or proceed to trial. These meetings focus on resolving the case without going to trial.
• Trial: This is where the District Attorney presents evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant or their attorney may challenge the accuracy of the District Attorney's evidence. Afterwards, the judge or a jury will determine whether the evidence proves that the defendant committed the crime.
• Sentence: If the defendant is found guilty, they will be sentenced to a maximum fine of $2,000, a jail term of up to 180 days, or both.

How Class B Misdemeanors Affect Your Criminal Record

In Texas, a Class B misdemeanor becomes part of a person’s permanent criminal record upon conviction. Such offenses will usually appear on most background checks, including those used for employment, housing, professional licensing, and certain government-related screenings. Texas does not automatically remove misdemeanors from public view after a certain number of years. Therefore, individuals can restrict access to their criminal records through expunction or orders of nondisclosure.

Differences Between Class B Misdemeanors and Other Offenses

Texas Code § 12.02 designates offenses as felonies or misdemeanors. Specifically, misdemeanors are classified into three categories: Class A, Class B, and Class C (Texas Code § 12.03). Class A misdemeanors are more serious than Class B misdemeanors in Texas and can lead to up to one year in county jail and fines of up to $4,000. These penalties are significantly higher than those for Class B offenses, which have a maximum sentence of 180 days in jail and a fine of $2,000. Class C misdemeanors are less severe than Class B offenses. They do not carry any possibility of jail time. The only penalty is a fine of up to $500. Class B misdemeanors are also distinct from felony offenses, which are much more severe and involve significant consequences. Felonies can result in state jail or prison sentences ranging from several months to life imprisonment, along with significantly higher fines.

How to Check for Class B Misdemeanors in Court Records

Individuals may check for Class B misdemeanors online through the Re:SearchTX. This portal offers a free subscription plan, which requires users to register and sign in using their email addresses and passwords. Some County Clerks, such as Bexar, Collin, Dallas, Denton, and Travis, make court records for Class B misdemeanors searchable on their websites. Another way to find Court records about Class B misdemeanor offenses is to visit the court in person in the county where the case was heard. Requesters may be asked to complete a request form and pay copying fees.

Can a Class B Misdemeanor Be Expunged or Sealed in Texas?

Yes. Texas law allows individuals to permanently remove Class B misdemeanor offenses from their criminal records through expungement. However, the individuals must meet the eligibility criteria set forth in Tex. Code Crim. Proc. § 55A. Class B misdemeanor expungement has a one-year waiting period. Eligible individuals should file the Application for Expunction Form in the District Court in the county where the arrest occurred, along with a fingerprint card from the Texas Department of Public Safety (DPS). The clerk will notify the DPS and set a court hearing within 30 days of the filing date. Generally, expungement in Texas attracts a filing fee and additional fees for notifying agencies. The exact amount varies by county. Low-income applicants may file a Statement of Inability to Afford Payment of Court Costs to ask the court to waive the filing fees. The court will issue an Order of Expunction if the applicant is eligible for expungement.

The benefits of clearing one’s Class B misdemeanor offenses are numerous, including a better chance of getting employed, since individuals are not required to mention it on job applications. Expungement also provides better access to housing, restores eligibility for specific professional licenses, and offers relief from the social stigma associated with a criminal record.