Arkansas Misdemeanor Classifications and Penalties: Classes, Jail, and Fines

Arkansas misdemeanor classifications and penalties fall into three lettered tiers plus a catch-all category. Class A is the most serious, with up to one year in jail and a fine of up to $2,500. Class B carries up to 90 days and a $1,000 fine. Class C tops out at 30 days and $500. A separate group of unclassified misdemeanors takes its penalties straight from the statute that defines the crime, and in some cases those penalties are heavier than a Class A conviction would bring.¹²

The Three Lettered Classes

Class A: Up to One Year and $2,500

Class A is the top misdemeanor tier. A conviction can mean a full year behind bars and a fine as high as $2,500.¹² Common examples include third-degree battery, which covers intentionally causing physical injury to another person,³ theft of property valued at $1,000 or less,⁴ and third-degree domestic battering.⁵

Class B: Up to 90 Days and $1,000

Class B offenses carry up to 90 days in jail and a maximum fine of $1,000.¹² The conduct usually involves behavior that is disruptive or harmful but doesn’t rise to the injury or property loss seen in Class A charges. Certain smaller-amount drug possession charges and some regulatory violations sit in this tier. The jail exposure is shorter, but a conviction still produces a permanent criminal record.

Class C: Up to 30 Days and $500

Class C is the lightest lettered misdemeanor. Jail time is capped at 30 days and fines at $500.¹² Disorderly conduct, which covers things like making unreasonable noise or blocking traffic, is a familiar example.⁶ Public intoxication is a Class C misdemeanor for a first or second offense; a third conviction within five years jumps to an unclassified misdemeanor with its own penalty scheme.⁷ Even at this bottom tier, a conviction requires a court appearance and shows up on background checks.

Unclassified Misdemeanors

Some misdemeanors in Arkansas don’t fit the A/B/C system at all. Their penalties come directly from the statute that defines the offense rather than from the general sentencing table, and the same is true for fines.² In some cases, those statutory penalties exceed what a Class A conviction would carry.

Driving while intoxicated is the clearest example. A first-offense DWI is an unclassified misdemeanor with a jail range running from 24 hours to a full year. If a passenger under 16 was in the vehicle, the minimum jail time climbs to seven days.⁸ On top of the criminal sentence, Arkansas imposes a six-month administrative license suspension for a first DWI, handled by the Department of Finance and Administration independently of the court.⁹ A variety of hunting and fishing violations also fall in the unclassified group, which lets the legislature tailor conservation-specific penalties.

One backstop rule covers the gaps. When a criminal statute outside the Arkansas Criminal Code creates a misdemeanor but doesn’t specify the class or set a maximum jail term, the offense defaults to Class A.¹⁰ If the legislature didn’t assign a class, the court applies the toughest misdemeanor penalties.

How Long Prosecutors Have to File

Prosecutors have one year from the date of a misdemeanor to file charges. Once that window closes, the state loses the ability to bring the case. A narrow exception stretches the deadline to three years for serious game and fish violations carrying nine or more penalty points.¹¹

Probation Instead of Jail

Jail is not the only outcome. A court can suspend the sentence and place you on probation, attaching conditions meant to keep you out of further trouble. Every probation order carries one universal condition: you cannot commit any offense punishable by imprisonment while probation runs.¹²

Beyond that baseline, a judge can order restitution to the victim in an amount the court finds you can afford, medical or psychiatric treatment (sometimes including a residential facility), steady employment for the duration of the probation or up to three years, surrender of firearms, stay-away orders covering specific people or places, and regular reporting to a probation officer with notice of any change in address or job.¹²

Breaking any condition can trigger revocation, and the original jail sentence becomes available again. For a Class A charge, that means the full year can snap back into play.

Consequences That Outlast the Sentence

A Lifetime Federal Firearm Ban for Domestic Violence Convictions

A misdemeanor that qualifies as a “crime of domestic violence” under federal law triggers a lifetime ban on possessing firearms or ammunition.¹³ You don’t need a conviction specifically labeled “domestic violence.” Any misdemeanor involving the use or attempted use of physical force against a spouse, former spouse, co-parent, or someone you lived with as a romantic partner can qualify.¹⁴

In practice, Arkansas convictions for third-degree domestic battering and certain battery charges can permanently strip firearm rights under federal law. Violating the prohibition is a federal felony carrying up to 15 years in prison.¹⁴ The federal rule applies regardless of what Arkansas state law would otherwise allow.

Immigration Risk for Non-Citizens

Non-citizens face a separate layer of risk. Under federal immigration law, a conviction for a “crime involving moral turpitude” can make you deportable if the offense was committed within five years of admission to the United States and carries a potential sentence of one year or more. Class A misdemeanors meet that one-year threshold. Two or more such convictions at any point after admission can also trigger removal, even if neither conviction alone would.

On the inadmissibility side, a single conviction for a crime involving moral turpitude can block entry or re-entry. A narrow “petty offense” exception may apply when the maximum possible penalty didn’t exceed one year and the actual sentence imposed was six months or less. Class B and Class C misdemeanors may fit depending on the offense. Anyone facing misdemeanor charges who is not a citizen should treat the immigration side with the same weight as the criminal penalty.

Background Checks and Expungement

Under the federal Fair Credit Reporting Act, criminal convictions can be reported indefinitely. The seven-year reporting limit people often hear about applies to non-conviction records like arrests that didn’t lead to a guilty verdict, and even that limit disappears for higher-salary positions. A Class C conviction from a decade ago can still surface when an employer runs a background check.

Arkansas allows most misdemeanor convictions to be sealed through an expungement petition filed in the court where the conviction occurred. Completing the sentence, including paying all fines and court costs, is the eligibility threshold for most offenses. A five-year waiting period after completing the sentence applies before you can petition for expungement of the following:

Negligent homicide (Class A misdemeanor)
Third-degree battery
Indecent exposure
Public sexual indecency
Fourth-degree sexual assault
Third-degree domestic battering
Driving while intoxicated

A sealed record generally won’t appear on standard background checks, though law enforcement retains access in limited circumstances. Because convictions don’t age off a report on their own, pursuing expungement when you qualify is often the only way to clear the record.

1
Justia. Arkansas Code 5-4-401 – Sentence
2
Justia. Arkansas Code 5-4-201 – Fines – Limitations on Amount
3
Justia. Arkansas Code 5-13-203 – Battery in the Third Degree
4
Justia. Arkansas Code 5-36-103 – Theft of Property – Section: (b) Classification
5
Justia. Arkansas Code 5-26-305 – Domestic Battering in the Third Degree
6
Justia. Arkansas Code 5-71-207 – Disorderly Conduct
7
Justia. Arkansas Code 5-71-212 – Public Intoxication
8
Justia. Arkansas Code 5-65-111 – Penalties
9
Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses
10
Arkansas Code. Arkansas Code Title 5 – Criminal Offenses – Section: 5-1-107. Misdemeanors
11
Justia. Arkansas Code 5-1-109 – Statute of Limitations
12
Justia. Arkansas Code 5-4-303 – Conditions of Suspension or Probation
13
Office of the Law Revision Counsel. 18 USC 922
14
Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions