What is a Class B Misdemeanor in Texas?

HOW LONG DOES A CLASS B MISDEMEANOR STAY ON YOUR RECORD IN TEXAS?

Class B misdemeanors stay permanently on Texas criminal records even when dismissed. Class B misdemeanors are serious criminal offenses that carry costly consequences, including a permanent conviction that can devastate professional prospects. However, certain class B misdemeanor offenses can be removed from a Texas criminal record by a process called Expunction. Other cases can be publicly sealed by obtaining an Order of Nondisclosure. Learn more.

• What is the most jail time for a class B misdemeanor in Texas? Class B misdemeanors in Texas carry a maximum 6 month jail sentence. Even class B misdemeanor cases that result in probation are subject to jail time as a probation condition or upon a probation violation. Learn more.

• Class B misdemeanor Texas punishment? The range of punishment for a class B misdemeanor in Texas is a maximum 6 month jail sentence and a maximum $2,000 fine. However, a court can also levy additional costs, supervision fees, and restitution, which results in a total financial hit greater than the maximum fine in certain cases. Additionally, certain offenses, like DWI, carry enhanced maximum fines. Learn more.

CAN YOU GET RID OF A CLASS B MISDEMEANOR IN TEXAS?

Yes, class B misdemeanors are dismissed, reduced, and resolved without conviction every day in Texas courts. Additionally, certain class B misdemeanor records may be deleted through an Expunction, or sealed by a Nondisclosure. Learn more.

• What is the lowest misdemeanor in Texas? Class C misdemeanors are the lowest level offense in Texas. Class C misdemeanors are punishable by fine only, but can jeopardize professional licenses, security clearances, and immigrant visas in certain circumstances. Learn more.

• How bad is a class B misdemeanor in Texas? A class B misdemeanor is a serious charge and should be treated as such in order to build an effective defense in Texas. Any level misdemeanor can result in jail time and a damaging criminal conviction. Learn more.

WILL I GO TO JAIL FOR A CLASS B MISDEMEANOR TEXAS?

Yes, even a first-time class B misdemeanor charge can result in up to 6 months in jail. Every case is different, but identifying and executing an effective defense strategy is the best approach to avoid jail. An experienced defense can secure probation, a reduction, or even a dismissal when facing the harsh penalties of a Class B misdemeanor in Texas. Learn more.

• What is the most serious misdemeanor in Texas? Class A misdemeanor is the most serious level misdemeanor in Texas. A class A misdemeanor carries a maximum 1 year jail term and a maximum $4,000 fine. However, certain class A misdemeanor offenses carry enhanced statutory fines. Learn more.

• Can a class B misdemeanor be enhanced in Texas? Yes, certain class B misdemeanors can be enhanced based on the facts of the case or the existence of any prior convictions. For example, a class B DWI can be enhanced to a class A misdemeanor when there is 1 prior DWI conviction, or a third degree felony if there are 2 or more prior DWI convictions. A class B DWI can also be enhanced to a class A misdemeanor if the BAC is 0.15 or higher, or a State Jail felony if involving a child passenger. Learn more.

WHEN CAN A CLASS B MISDEMEANOR BE EXPUNGED IN TEXAS?

A class B misdemeanor may be expunged in Texas if a criminal charge has been dismissed without probation. A class B misdemeanor is also subject to immediate Expunction following a “not guilty” trial verdict. A class B misdemeanor charge may also be expunged upon successful completion of a pretrial diversion or specialty court program though there are occasional Expunction restrictions in these scenarios. Learn more.

• What is a Class B misdemeanor in Texas for lying to police? Texas Penal Code 37.08 penalizes making a false statement to law enforcement that is material to a criminal investigation:

           Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER.  (a)  A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

           (1)  a peace officer or federal special investigator conducting the investigation;

           (2)  any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation; or

           (3)  a corrections officer or jailer.

           (b)  In this section, “law enforcement agency” has the meaning assigned by Article 59.01, Code of Criminal Procedure.

           (c)  An offense under this section is a Class B misdemeanor.

• Can you be a notary with a class B misdemeanor in Texas? Yes, persons with convictions for most class B misdemeanor offenses can become notaries in Texas, though they may be required to disclose such criminal episodes. However, Crimes of Moral Turpitude are a disqualification for Texas notaries. Class B misdemeanor theft is an example of a disqualifying Crime of Moral Turpitude. Learn more.

HOW LONG DOES IT TAKE TO GET A COURT DATE FOR A MISDEMEANOR IN TEXAS?

Misdemeanor court date waiting periods vary across Texas counties. Typically, it takes longer for misdemeanor charges to be filed in smaller counties than it does in bigger metropolitan areas. For example, misdemeanor cases are set for hearings within a matter of months in Travis, Bexar, and Harris County. Conversely, it can take several months to a year to get a court date in Comal, Hays, and Gonzales County.

• What is a class B misdemeanor first offense selling alcohol in Texas? Texas Alcoholic Beverage Code (TABC) section 106.03 penalizes selling an alcoholic beverage to a minor and TABC Code 106.06 prohibits purchasing or providing alcoholic beverages for a minor. However, both of these provisions are punishable as class A misdemeanors with a maximum $4,000 fine and maximum 1 year jail sentence. Learn more.

• Is DWI a class B misdemeanor in Texas? DWI is a class B misdemeanor in Texas that can be enhanced to a class A misdemeanor, or even a felony offense in certain circumstances. All DWI offenses in Texas require an experienced defense to avoid the most serious of consequences. Learn more.

CAN A FIRST TIME MISDEMEANOR BE DISMISSED IN TEXAS?

Yes, first-time misdemeanor offenses can be dismissed in Texas. However, Texas prosecutors are sworn to enforce the law and will not casually dismiss a class B misdemeanor. An experienced and knowledgeable defense is critical to beating a class B misdemeanor case in Texas. 

• What happens when you plead guilty to a misdemeanor in Texas? A guilty misdemeanor plea can result in a damaging and permanent criminal conviction. A guilty plea can also be used to establish civil liability for any lawsuit resulting from the criminal conduct. Importantly, a guilty plea can also result in immediate jail time. Learn more.

• Do misdemeanors show up on background checks in Texas? Yes, misdemeanor charges show up on background checks in Texas even when dismissed. However, certain misdemeanor charges can be removed from a Texas background check with an Expunction, or publicly sealed with a Nondisclosure. Learn more.

CAN A CLASS B DWI BE DISMISSED IN TEXAS?

Yes, a class B misdemeanor DWI can be dismissed in Texas. However, DWI is a serious criminal offense that is prosecuted aggressively in Texas courts. An experienced DWI defense well-versed in the technical nuance of DWI investigation is key to beating a Class B misdemeanor DWI in Texas. Learn more.

• Will a misdemeanor affect employment in Texas? Yes, a misdemeanor charge can compromise employment in Texas. For example, a bank may not want to hire a person with a Theft charge, and an individual with an Assault charge may be ineligible for employment in hospitality services. Additionally, many professional occupations, like nurses, prohibit individuals with certain misdemeanors on their record. Learn more.

• What is the most typical punishment for first-time misdemeanor in Texas? Many first-time misdemeanors will qualify for probation with certain charges being eligible for diversion programs that lead to a dismissal. However, even a first-time offense can result in jail time and a permanent criminal conviction. Texans facing criminal misdemeanor charges should consult knowledgeable and experienced legal counsel for optimal results.

WHAT IS THE 7 YEAR MISDEMEANOR RULE IN TEXAS?

There is no 7 year period where misdemeanor charges disappear from a criminal record in Texas. Criminal charges remain permanently on criminal records even when dismissed. However, certain entities may not consider charges older than 7 years in employment or insurance contexts. Additionally, certain misdemeanor offenses may qualify for an Expunction in Texas. Learn more. 

• What is a class B DWI in Texas? A class B misdemeanor DWI is the resulting criminal charge in Texas for first-time Driving While Intoxicated offenders with no aggravating facts like a high BAC or children passengers. A class B misdemeanor DWI is punishable by a maximum $3000 fine and a maximum 6 month jail sentence. Learn more.

• Can I buy a gun with a misdemeanor DWI in Texas? It is not illegal for a person with a misdemeanor DWI to purchase or possess a gun in Texas. However, DWI bond and probation conditions frequently prohibit possession of firearms. It is critical to remain in compliance with all such conditions as any violation can result in jail time. Learn more.

HOW LONG DOES A DWI STAY ON YOUR BACKGROUND CHECK IN TEXAS?

Texas DWI charges stay permanently on criminal background checks, even when the case is dismissed or a jury returns a “not guilty” verdict. However, some DWI cases may be deleted through an Expunction, or publicly sealed through a nondisclosure order. Learn more.

• How much is a bond for a class B misdemeanor in Texas? Bond amounts vary throughout Texas counties. Certain class B offenders may qualify for a personal recognizance bond (PR Bond) where they just have to promise to appear at a later date. In other occasions, a class B misdemeanor offense can result in a bond of up to several thousand dollars. Learn more.

• Can you write a citation on a class B misdemeanor in Texas? Yes, law enforcement in Texas often issue cite-and-release summons in lieu of formal arrest for minor class B misdemeanor offenses like criminal mischief and petty theft. Learn more.

WHAT IS A CLASS B MISDEMEANOR IN TEXAS FOR STEALING?

Class B misdemeanor stealing is Theft of any property valued between $100 to $750. Theft is a Crime of Moral Turpitude that can carry vast consequences for Texas professionals. Learn more.

• Do misdemeanors go away after 7 years in Texas? Misdemeanor do not go away after 7 years but, instead, stay permanently on Texas criminal records even when dismissed. Certain misdemeanors may qualify for an expunction. Learn more.

• Do misdemeanors fall off  your record in Texas? Misdemeanors offenses will not ever automatically fall off a criminal record in Texas. Indeed, misdemeanors are permanent even when dismissed. However, some misdemeanor cases can be deleted with an Expunction, or sealed with a nondisclosure. Learn more.

DO DISMISSED CHARGES SHOW UP ON BACKGROUND CHECK TEXAS?

Yes, dismissed criminal charges will appear on a background check in Texas. The only way to remove a dismissed charge is by pursuing an Expunction. Expunction is a powerful legal process that can remove records of qualifying criminal cases. Learn more.

• How long do misdemeanors show up on a background check in Texas? Misdemeanor offenses will always show up on a background check unless the charge is deleted by an Expunction in Texas. Additionally, some background checks will not reveal charges that have been publicly sealed by an Order of Nondisclosure. Learn more.

• Can you be a teacher with a misdemeanor in Texas? Yes, a person can be a teacher with most misdemeanor offenses in Texas. However, teachers with misdemeanor offenses are subject to disciplinary action by the State Board for Educator Certification. Learn more.

WHAT LEVEL OF MISDEMEANORS ARE IN TEXAS?

There are 3 levels of misdemeanors in Texas. From lowest-level offense to highest, these are: class C misdemeanor, class B misdemeanor, and class A misdemeanor. Any level misdemeanor charge can result in serious consequences and therefore mandates careful consideration by all Texans. 

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.