Introduction to Class B Misdemeanors in Missouri

In the state of Missouri, criminal offenses are categorized into two main types: felonies and misdemeanors. Felonies are serious crimes punishable by more than one year in state prison, while misdemeanors are less severe offenses with maximum penalties of one year or less in county jail and/or fines.

Misdemeanors are further classified into four levels, designated as A through D, based on their severity. A Class B misdemeanor is the second-most serious misdemeanor category. It typically involves offenses such as second-offense driving while intoxicated (DWI), certain thefts under $750, minor assault, or possession of small amounts of marijuana.

Conviction of a Class B misdemeanor can result in up to six months in jail, a fine of up to $1,000, or both, along with possible probation, community service, and a criminal court record that may affect employment or housing.

Common Examples of Class B Misdemeanors in Missouri

Class B misdemeanors in Missouri typically carry a maximum sentence of six months in jail and a fine of up to $1,000. The following are common examples:

• Second-offense driving while intoxicated within certain time frames (§ 577.010, RSMo)
• First-offense stealing/property damage when the value is $150–$750 (§ 570.030, RSMo)
• Peace disturbance for a second or subsequent offense (§ 574.010, RSMo)
• Resisting or interfering with a lawful stop/detention (§ 575.150, RSMo)
• Possession of marijuana 10–35 grams for a second offense, pre-Amendment 3 cases (§ 579.015, RSMo)
• False impersonation of law enforcement (§ 575.195, RSMo)
• Certain violations of protection orders for a first offense (§ 455.085, RSMo)

It is important to note that classification may differ based on prior convictions, aggravating factors, or municipal ordinances.

Statute of Limitations for Class B Misdemeanors in Missouri

In Missouri, the statute of limitations for most misdemeanors, including Class B, is governed by § 556.036, RSMo. Prosecutors generally have one year from the date of the offense to file charges. The Statute of Limitations is typically applied on the date the crime was committed or discovered. Tolling may occur if the defendant leaves the state or conceals themselves.

Legal Penalties for Class B Misdemeanors

Under § 558.011, RSMo, a Class B misdemeanor carries a maximum penalty of up to 6 months in county jail and/or a fine of up to $1,000. Courts frequently suspend jail time and impose 1 to 2 years of probation (supervised or unsupervised), community service, or mandatory classes such as alcohol or anger management.

Additional consequences may include court costs, which are often between $200 to $500, and driver’s license suspension (especially in DWI cases). Offenders may also have a permanent criminal record that can affect employment, housing, professional licenses, and firearm rights. Judges have wide discretion; therefore, actual punishment depends on prior history, circumstances, and plea agreements.

Court Process for Class B Misdemeanors

Class B misdemeanor cases in Missouri typically begin with an arrest, summons, or ticket. The defendant is booked if arrested and released on bond or recognizance.

• Arraignment: This is the first court appearance. Charges are read, and the plea, either guilty or not guilty, is entered.
• Pre-trial: Discovery exchange, motions, or plea negotiations take place. Most class B misdemeanor cases are resolved here.
• Plea or Trial: If there is no agreement, the defendant may plead guilty or proceed to a bench trial, where the judge decides. There is no jury for Class B.
• Sentencing: This is immediate if there is a guilty plea; otherwise, after trial. Probation is common.

Procedures vary by municipal or associate circuit court and whether filed as a state or ordinance violation. Individuals are advised to always consult local rules or counsel.

How Class B Misdemeanors Affect Your Criminal Record

A Class B misdemeanor conviction in Missouri becomes part of an offender's permanent criminal history maintained by the Missouri State Highway Patrol. It appears on standard background checks involving employment, housing, licensing, and firearms purchases. Class B misdemeanor records are publicly accessible unless later expunged.

Impacts include possible job denials, professional license issues, rental rejections, and loss of certain civil rights, such as firearm possession if domestic violence-related. The state of Missouri allows expungement of many misdemeanors after a waiting period if eligibility requirements are met. However, approval is not automatic, and some offenses, such as DWI, are ineligible.

Differences Between Class B Misdemeanors and Other Offenses

In Missouri, misdemeanors are classified A to D by severity.

• Class A: Up to 1 year jail, up to $2,000 fine
• Class B: Up to 6 months jail, up to $1,000 fine
• Class C: Up to 15 days jail, up to $750 fine
• Class D: Fine only, up to $500 with no jail

There are no gross misdemeanors in Missouri. Felonies are classified A to E by severity and carry state prison time (up to life or death) and fines of up to $10,000 or above. Class B sits in the middle. It is more serious than minor C or D offenses but far less severe than any felony.

How to Check for Class B Misdemeanors in Court Records

In Missouri, Class B misdemeanor records are public unless sealed or expunged. One may search for records through the following means:

• Online: This is the fastest method of accessing a misdemeanor record. To search, visit the Missouri Case.net portal. Select “Litigant Name Search”, enter the person’s full name and optionally the date of birth or partial SSN. Filter results by county or case type. Most Class B misdemeanors appear as “Misdemeanor” or specific charges like DWI, assault, or theft. All circuit and most associate circuit courts are included.
• County clerk or circuit clerk office: If the case is old or not on Case.net, visit or call the circuit clerk in the county where the offense occurred. Some older records are stored off-site or on microfiche.
• Missouri State Highway Patrol (criminal history): For a full background check with a $14–$20 fee, individuals may request records by submitting fingerprints through an approved vendor or by mailing a request.

Procedures and fees vary slightly by county. Municipal cases may require contacting the municipal court directly. Always verify with the official court clerk for the most accurate information.

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

In Missouri, individuals convicted of Class B misdemeanors can generally have their records expunged under § 610.140 RSMo. This law treats them as eligible misdemeanors unless they involve specific exclusions like DWI, domestic violence, or sex offenses. Expungement removes the record from public view, restoring rights like voting and jury service, while sealing limits access.

Clearing a record offers key benefits, such as better job prospects, as many employers skip background checks for expunged offenses and housing access, reducing barriers from past mistakes.