Class B Misdemeanor in Missouri: Jail, Probation, and Expungement

A Class B misdemeanor in Missouri is a mid-level criminal offense punishable by up to six months in county jail and a fine. It sits one step below a Class A misdemeanor and one step above a Class C. The six-month ceiling is the statutory maximum, not the usual outcome: most first-time offenders are placed on probation rather than sent to jail. A conviction still creates a criminal record that can follow you into job applications, housing searches, and, in some situations, your right to own a firearm.

What Makes an Offense Class B

Missouri groups criminal offenses into felonies and misdemeanors, then sorts each group by letter. An offense is a Class B misdemeanor when the maximum authorized jail time is more than thirty days but no more than six months.1Missouri Revisor of Statutes. Missouri Code 557.021 – Classification of Offenses Outside This Code That ceiling is what separates it from a Class A misdemeanor, which authorizes up to a full year, and from a Class C, which caps at fifteen days.

The authorized jail range does more than set the sentencing ceiling. It also determines whether you qualify for an appointed attorney and whether future convictions trigger enhanced penalties.

Charges Commonly Filed as Class B Misdemeanors

Several everyday Missouri charges fall into this class:

Several of these offenses move up a class when aggravating facts are present, such as prior convictions or a protected victim. The base classification is a starting point, not the final word.

Jail, Fines, and Restitution

The statutory maximum is six months in a county jail or other authorized penal institution.7Missouri Revisor of Statutes. Missouri Code 558.011 – Sentence of Imprisonment, Terms, Conditional Release Judges have discretion to impose shorter terms, and many do.

Fines may be imposed alongside or in place of jail time. If you profited financially from the offense, the court can set a fine of up to double that gain, subject to a statutory cap. Judges consider the circumstances of the offense, your history, and any financial benefit when fixing the amount.

Expect additional costs on top of the fine. Courts routinely add surcharges and administrative fees. Restitution to a victim, covering the loss or damage caused by the offense, is ordered separately from the fine.

Probation Instead of Jail

For most Class B convictions, the court can suspend the jail sentence and put you on probation. Missouri authorizes misdemeanor probation terms of six months to two years, and a judge can extend probation once by up to one additional year if you violate the terms.

Conditions depend on the case. Typical ones include regular check-ins with a probation officer, community service, substance abuse treatment or counseling (especially after a DWI), and full payment of fines and restitution. If you violate those conditions, probation can be revoked and the original jail sentence imposed.

For a first-offense DWI, a suspended imposition of sentence is only available if probation runs at least two years. When the BAC was 0.15% or higher, completion of a DWI court treatment program may also be required.4Missouri Revisor of Statutes. Missouri Code 577.010 – Driving While Intoxicated

Getting a Public Defender

If you cannot afford a lawyer, Missouri’s public defender system must represent you on any misdemeanor that will “probably result in confinement in the county jail upon conviction.”8Missouri Revisor of Statutes. Missouri Code 600.042 – Duties of the Director Because a Class B misdemeanor authorizes up to six months of jail, most defendants qualify. The exception is when the prosecutor has waived a jail sentence in advance. With jail off the table, the right to appointed counsel may not apply.

What a Second Conviction Changes

Someone convicted of two or more Class A or Class B misdemeanors, committed at different times, qualifies as a “persistent misdemeanor offender” under Missouri law.9FindLaw. Missouri Code 558.016 – Extended Terms for Prior Criminal Conduct Definitions Sentencing That status allows the court to impose a sentence beyond the standard maximum. Certain statutes build escalation in directly. Peace disturbance, for example, jumps from Class B on a first conviction to Class A on a second, with mandatory fines of $1,000 to $5,000 on a third or subsequent conviction.2Missouri Revisor of Statutes. Missouri Code 574.010 – Peace Disturbance

Life After the Case

The sentence a judge imposes is only part of what you carry forward. A Class B conviction becomes part of your criminal record and shows up on background checks.

Employers and landlords routinely run those checks. A misdemeanor conviction can cost you a job offer, a professional license, or an apartment application. Missouri has no statewide “ban the box” law for private employers, so you may be asked about a conviction on an initial application.

Firearms rights depend on the offense. A standard Class B misdemeanor does not trigger a federal firearms ban. But if the underlying conduct qualifies as a “misdemeanor crime of domestic violence,” federal law permanently bars you from possessing any firearm or ammunition, with no expiration.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

Clearing a Class B Conviction From Your Record

Missouri allows expungement of most Class B misdemeanors. You must wait at least three years after completing the sentence, which means after all jail time, probation, fines, and restitution are fully resolved.11Missouri Revisor of Statutes. Missouri Code 610.140 – Expungement of Certain Records

When the court reviews a petition, it considers whether you have stayed out of trouble during the waiting period, whether all financial obligations from the case are paid, whether any charges are pending, and whether expungement serves the public interest.11Missouri Revisor of Statutes. Missouri Code 610.140 – Expungement of Certain Records Not every misdemeanor qualifies. The statute excludes a lengthy list of offenses, including domestic assault, certain weapons violations, and offenses where the victim was a law enforcement officer or a close relative of one.

A granted expungement effectively erases the conviction for most purposes and can reopen employment and housing doors that a visible record would close. Filing fees vary by county, so check with the circuit court where the case was handled for the current amount.