A Class B misdemeanor in Utah is a mid-level criminal offense punishable by up to six months in county jail and a fine of up to $1,000, plus a mandatory surcharge. It sits above a Class C misdemeanor and below a Class A, and it covers common charges like first-offense DUI, simple assault, theft under $500, marijuana possession, and reckless driving. A conviction creates a criminal record that follows you until it is expunged.
What You Are Actually Facing
The six-month jail ceiling is a maximum, not a mandatory sentence.1Utah Legislature. Utah Code 76-3-204 – Misdemeanor Conviction – Term of Imprisonment A judge can impose anywhere from no jail at all up to the full six months, and first-time offenders charged with lower-level Class B crimes often avoid incarceration entirely. Repeat offenses and aggravating facts push sentences toward the top of the range.
The $1,000 fine looks like the whole financial picture, but it isn’t.2Utah Legislature. Utah Code 76-3-301 – Fines of Individuals Utah adds a 90% surcharge on top of most Class B fines, so a maxed-out $1,000 fine becomes $1,900 before any additional court fees or assessments.3Utah Legislature. Utah Code 51-9-401 – Surcharge Budget for the surcharged number, not the headline one.
A judge can also impose probation instead of or alongside jail time, with conditions like regular check-ins with a probation officer, mandatory counseling, or community service. A sentence often combines pieces: a short jail term followed by probation, with a fine attached.
Offenses Typically Charged at This Level
First-offense DUI is one of the most common Class B charges in the state. Utah’s threshold is a blood alcohol concentration of .05 or higher, lower than the .08 used in most other states; operating or being in actual physical control of a vehicle at or above that level is a Class B misdemeanor.4Utah Legislature. Utah Code 41-6a-502 – Driving Under the Influence of Alcohol, Drugs, or a Combination of Both or With Specified or Unsafe Blood Alcohol Concentration Repeat DUIs or those causing injury are charged more severely.
Reckless driving — operating a vehicle with willful or wanton disregard for the safety of people or property — is also a Class B misdemeanor.5Utah Legislature. Utah Code 41-6a-528 – Reckless Driving – Penalty
Simple assault starts here. Attempting to cause bodily injury, actually causing it, or creating a substantial risk of it through unlawful force is a Class B misdemeanor at baseline.6Utah Legislature. Utah Code 76-5-102 – Assault – Penalties The charge jumps to a Class A if the victim suffers substantial bodily injury or if the victim is pregnant and you knew it.
Theft of property valued under $500 is a Class B misdemeanor.7Utah Legislature. Utah Code 76-6-412 – Theft – Classification of Offenses Shoplifting frequently falls in this range, and a conviction for taking something worth $20 produces the same criminal record as one for $490.
On the drug side, marijuana possession is a Class B misdemeanor,8Utah Legislature. Utah Code 58-37-8 – Prohibited Acts – Penalties as is possession or use of drug paraphernalia such as pipes, bongs, scales, or syringes connected to a controlled substance.9Utah Legislature. Utah Code 58-37a-5 – Unlawful Acts
How It Compares to Other Charges
Utah ranks misdemeanors in three classes. A Class C is the lowest, capped at 90 days in jail and a $750 fine.1Utah Legislature. Utah Code 76-3-204 – Misdemeanor Conviction – Term of Imprisonment A Class B carries up to six months and $1,000.10Utah State Courts. Criminal Penalties A Class A, the most serious misdemeanor, carries up to 364 days in jail and a $2,500 fine.2Utah Legislature. Utah Code 76-3-301 – Fines of Individuals
Felonies are a separate tier. The gap between a Class A misdemeanor (up to 364 days in county jail) and a third-degree felony (up to five years in state prison) is large, which is why charge classification often becomes the central issue in plea negotiations. Keeping a case at the Class B level, or dropping it from a Class A to a Class B, can change what the rest of your life looks like.
Consequences That Outlast the Sentence
The jail time and fine are the formal punishment. The record is often the bigger problem.
Your Record on Background Checks
A Class B conviction becomes part of your criminal history. Federal law allows criminal convictions to be reported on background checks indefinitely, so employers, landlords, and licensing boards will see it until it is expunged. A charge that felt minor at sentencing can resurface for years.
A Lifetime Firearms Ban for Domestic Violence Convictions
If the Class B misdemeanor involves domestic violence, federal law permanently bars you from possessing firearms or ammunition. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence in any court cannot ship, transport, or possess any firearm.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The state’s classification doesn’t change that; a Class B domestic assault conviction triggers the same federal ban a felony would.
Immigration Risk for Non-Citizens
If you are not a U.S. citizen, a Class B misdemeanor can create serious immigration problems. Theft with intent to permanently deprive, fraud, and certain violent offenses may qualify as “crimes involving moral turpitude,” which can trigger removal proceedings or block visa applications. A DUI typically does not fall into that category, but a theft or assault conviction can. If you hold a visa or green card, or are adjusting status, talk to an immigration attorney before entering any plea.
Clearing a Class B Misdemeanor Later
Utah offers two routes to expungement.
Petitioning the Court
You can petition to expunge a Class B conviction once four years have passed since the conviction or your release from incarceration, parole, or probation — whichever came last. All court-ordered fines, fees, and restitution must be paid first. Eligibility also requires that you have no pending criminal case (other than a traffic offense), no active protective order or stalking injunction against you, and no current incarceration, probation, or parole for a non-traffic offense. If your record includes four or more convictions with three or more Class B misdemeanors from separate incidents, you cannot expunge any of them.12Utah Legislature. Utah Code 77-40a-303 – Certificate of Eligibility
Automatic Expungement
Starting January 1, 2026, Utah courts will identify and clear qualifying cases without any petition. For a Class B, the automatic period is six years from the date the court accepted a guilty plea or dismissed the case, as long as all financial obligations are paid. Several categories are excluded from the automatic process, including assault, DUI, domestic violence offenses, sex offenses, and certain weapons charges.13Utah State Courts. Expunging Adult Criminal Records For those, the petition route is your only option. The automatic system also generally caps clearance at three Class B convictions.
Your Right to a Lawyer
Because a Class B misdemeanor carries possible jail time, you have a Sixth Amendment right to a court-appointed attorney if you cannot afford one. The U.S. Supreme Court has held that the right to appointed counsel applies to any misdemeanor case where imprisonment is a possible punishment, and a court cannot sentence you to jail without first appointing one. If you are charged, ask for appointed counsel at your first appearance rather than trying to resolve the case on your own; the collateral consequences above are what people most often miss when they plead without a lawyer.