A Class B misdemeanor in Kentucky is punishable by up to 90 days in jail and a fine of up to $250.1Justia. Kentucky Code 532.090 – Sentence of Imprisonment for Misdemeanor It is the least serious criminal offense in the state that still carries possible jail time, which also means it still produces a criminal record that shows up on background checks. Kentucky lets you petition to expunge that record, but not until five years after you finish your sentence.
Where Class B Sits in Kentucky’s Criminal Code
Kentucky splits crimes into felonies, misdemeanors, and violations. Misdemeanors come in two tiers:
- Class A misdemeanor: up to 12 months in jail and a fine up to $500.1Justia. Kentucky Code 532.090 – Sentence of Imprisonment for Misdemeanor
- Class B misdemeanor: up to 90 days in jail and a fine up to $250.1Justia. Kentucky Code 532.090 – Sentence of Imprisonment for Misdemeanor
- Violation: a fine up to $250 with no possibility of jail. Because there’s no jail exposure, you don’t get a jury trial or appointed counsel for a violation.2Kentucky Legislative Research Commission. Kentucky Code 534.040 – Fines for Misdemeanors and Violations
The step up from violation to Class B is where constitutional protections like appointed counsel kick in, which matters more than the small gap in fine amounts suggests.
Common Class B Misdemeanor Charges
A few offenses account for most Class B misdemeanor cases in Kentucky courts.
Disorderly Conduct, Second Degree
Under KRS 525.060, you commit second-degree disorderly conduct when you intentionally cause public inconvenience or alarm, or recklessly create a risk of it, by fighting, making unreasonable noise, refusing a lawful order to disperse near a fire or emergency, or creating a physically offensive condition that serves no legitimate purpose.3Justia. Kentucky Code 525.060 – Disorderly Conduct in the Second Degree It’s one of the most frequently charged offenses in this class, often coming out of bar fights, noisy disturbances, and public confrontations.
Harassment Involving Physical Contact
Harassment under KRS 525.070 has a split classification. Most forms (following someone in public, offensive gestures, a pattern of alarming behavior) are violations rather than misdemeanors. Harassment that involves actual or attempted physical contact (striking, shoving, kicking) is a Class B misdemeanor.4Justia. Kentucky Code 525.070 – Harassment That single element decides whether you’re facing a criminal record or just a fine.
Other Offenses in This Class
Class B misdemeanors also include harassing communications (KRS 525.080), public intoxication, first-offense DUI, second-degree criminal trespass, and first-offense first-degree indecent exposure. Kentucky also treats some licensing violations this way, such as performing home inspections without a license.
What a Sentence Actually Looks Like
The 90-day and $250 caps are statutory ceilings, not what most people receive. Judges have substantial discretion, and the actual outcome depends on the facts of your case and your record.
Jail and fines aren’t a package deal. A judge can impose both, one without the other, or neither.2Kentucky Legislative Research Commission. Kentucky Code 534.040 – Fines for Misdemeanors and Violations If the court finds you indigent, it cannot impose a fine. Probation is a common alternative, sometimes paired with community service or an educational program.
For a first-time offender on something like disorderly conduct, outright jail is uncommon. Courts tend to lean on fines, probation, or conditional discharge. Repeat offenses or aggravating facts change that quickly.
Your Rights at Arrest and in Court
Because jail time is on the table, you have the full set of criminal procedural rights: the right to remain silent, the right to a trial, and the right to confront the witnesses against you.
You also have the right to an attorney at every stage through any appeal. If you can’t afford one, the court must appoint a public defender once you’re found to qualify as indigent. The court handles that financial assessment at or shortly after your first appearance, so you don’t need to arrange anything in advance.
How Most Cases Get Resolved
The majority of Class B misdemeanor cases end in a plea bargain rather than a trial. The potential sentences are short enough that both sides have reason to settle.
A deal might mean pleading to a lesser charge (dropping the Class B down to a violation, for instance), accepting a fine in place of jail, or agreeing to community service or a treatment program. For someone whose main concern is keeping a conviction off their record, pleading down to a violation can be the point of the negotiation.
A guilty plea waives your right to trial, your right to confront witnesses, and your right to remain silent, and the court will confirm you understand that before accepting it. Those waivers are permanent, which is why getting legal advice before taking any offer matters.
What a Conviction Does to Your Record
A Class B misdemeanor conviction creates a criminal record that appears on background checks run by employers, landlords, and licensing boards. Federal law doesn’t cap how long a conviction can be reported. Unless you clear it, a Class B misdemeanor can follow you indefinitely on commercial background checks.
Expunging a Class B Misdemeanor
Kentucky lets you petition to expunge a Class B misdemeanor conviction, but there’s a mandatory five-year wait. You can’t file until five years after you complete your sentence or finish probation, whichever is later.5Justia. Kentucky Code 431.078 – Expungement of Misdemeanor, Violation, and Traffic Infraction Convictions
To qualify, you need to meet all of the following:
- The conviction isn’t for a sex offense or an offense against a child. Those are permanently ineligible.
- No felony or misdemeanor convictions in the five years before you file.
- No felony or misdemeanor prosecution currently pending against you.
- The offense isn’t one that triggers enhanced penalties for repeat offenders, or the enhancement window has already expired.
The filing fee is $100, of which the first $50 is non-refundable whether or not the petition is granted.5Justia. Kentucky Code 431.078 – Expungement of Misdemeanor, Violation, and Traffic Infraction Convictions
If the court grants expungement, the proceedings are treated as though they never occurred. State court and law enforcement records are deleted so the conviction stops appearing on official background checks, and you can legally answer “no” when an application asks about a criminal record.5Justia. Kentucky Code 431.078 – Expungement of Misdemeanor, Violation, and Traffic Infraction Convictions The five-year clock runs whether you’re paying attention to it or not, so knowing the date you become eligible is useful.
Federal Consequences You Might Not Expect
Some Class B misdemeanors in Kentucky can trigger federal consequences that outlast the state penalty.
If your offense qualifies as a “misdemeanor crime of domestic violence” under federal law, you permanently lose the right to possess firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A harassment-with-contact conviction involving a spouse, former partner, or family member can meet that federal definition even though Kentucky treats it as a minor charge.
Immigration is the other area where a misdemeanor can carry outsized weight. Some offenses count as “crimes involving moral turpitude” under federal immigration law and can make a non-citizen inadmissible or deportable. Whether a particular Class B misdemeanor crosses that line depends on federal immigration case law, not on how Kentucky labels it. If you’re not a U.S. citizen, get immigration-specific legal advice before entering any plea.