Arkansas Class B Misdemeanors

Arkansas categorizes criminal offenses as felonies, misdemeanors, or violations (AR Code § 5-1-105). In Arkansas, a misdemeanor is a criminal offense that is less serious than a felony but serious enough to result in no more than one year in jail and/or a fine. Misdemeanors are classified as Class A, Class B, or Class C according to Section 5-1-107 of the Arkansas Code. Class B misdemeanors are less serious than Class A misdemeanors but more severe than Class C misdemeanors. In other words, Class B misdemeanors are intermediate-level misdemeanor offenses.

These classifications can help one understand the gravity and potential consequences of a criminal charge (such as a Class B misdemeanor). Interested members of the public can search or review Arkansas criminal court records for information on Class B misdemeanors in the Arkansas criminal justice system.

Common Examples of Class B Misdemeanors in Arkansas

Examples of Class B misdemeanors in Arkansas include, but are not limited to:

• Prostitution (first offense)
• Indecent exposure
• Assault in the second degree
• Cyberbullying
• Failure to report or control a dangerous fire
• Promoting obscene materials
• Reckless driving
• Criminal mischief in the second degree
• Harassment (first offense)
• Public intoxication
• Disorderly conduct
• Driving with a suspended license
• Public sexual indecency
• Patronizing a prostitute
• Criminal impersonation in the second degree

Statute of Limitations for Class B Misdemeanors in Arkansas

Per Ark. Code § 5-1-109(b)(3)(A), the statute of limitations for misdemeanors, including Class B misdemeanors, is one year. This timeline gives prosecutors a year to file charges for a Class B misdemeanor offense.

The limitation clock starts the day after the crime is committed (Ark. Code Ann. § 5-1-109(e)). However, the limitation is paused or tolled when the accused is continually absent from Arkansas or has no known or reasonably ascertainable place of residence or work within the state (Ark. Code §§ 5-1-109(g)(1)(A)). It is also paused when there is a pending prosecution against the accused for the same offense (Ark. Code § 5-1-109(g)(2)). However, per Arkansas Code § 5-1-109(g)(1)(B), the limitation period cannot be extended beyond 3 years due to the accused's absence from the state or lack of a reasonably ascertainable place of abode or work.

Note that the law did not extend the limitation period for DUI, DWI, or traffic-related Class B misdemeanors. The table below summarizes the statute of limitations for Class B misdemeanors in Arkansas.

Legal Penalties for Class B Misdemeanors in Arkansas

Arkansas penalizes Class B misdemeanors with up to 90 days in jail, a maximum fine of $1,000, or both (Ark. Code Ann. § 5-4-401(b)(2); § 5-4-201(b)(2)). A conviction may also include other punishments such as up to one year of probation, community service and/or restitution, and license suspension (for vehicular offenses). Furthermore, if the defendant profited financially from the commission of the offense, they are fined twice that amount.

Typically, all Class B misdemeanor convictions will not result in the same penalty because judges exercise discretion and consider a defendant's criminal history, the facts of the case, and other factors to determine sentences within the legal prescription.

The consequences of a Class B misdemeanor conviction beyond jail and/or fines include, but are not limited to, loss of job opportunities, denial, suspension, or revocation of licenses, and loss of firearm rights.

Court Process for Class B Misdemeanors in Arkansas

The step-by-step court process for Class B misdemeanor cases in Arkansas generally follows these stages:

• Arrest/Citation: The process begins when the accused is arrested or served with a citation to appear in court. Those arrested are held in detention until they are charged.
• Initial Appearance/Arraignment: The initial appearance or arraignment is the defendant’s first court hearing after they were arrested or cited. At this hearing, the defendant's charges and rights are read to them, and they are asked to enter a plea: guilty, not guilty, or no contest (nolo contendere). The court may also set bail or release conditions if the defendant is in police custody at this stage. A not-guilty plea moves the case to pre-trial discovery, while a guilty or no-contest plea skips trial and proceeds directly to sentencing.
• Pretrial/Discovery: A pretrial hearing (or conference) is a meeting of the judge, prosecution, and defense to discuss a case, resolve preliminary issues, and prepare for trial. During this stage, the prosecutor and the defendant's attorney can share and exchange information and evidence (discovery), as well as negotiate plea deals. The defense can also file motions at this point to challenge evidence or procedural violations.
• Trial: At this point, the prosecution presents evidence, witness testimony, and arguments to prove the defendant's guilt beyond a reasonable doubt.
• Sentencing: If the defendant is found guilty, the judge imposes a sentence in accordance with the legally prescribed penalties.

Note that the above step-by-step court process may not always be applicable due to potential variations in court procedures.

How Class B Misdemeanors Affect Your Criminal Record in Arkansas

Under Ark. Code Ann. § 12-12-1007, courts and criminal justice agencies must report conviction and disposition data to the Arkansas Crime Information Center (ACIC), which administers the state’s criminal history repository. As a result, a Class B misdemeanor conviction, including arrest and charge information, appears in ACIC records. These records are publicly accessible during background checks through the Arkansas Criminal History (ARCH) Search.

While the impact may vary, a conviction on a criminal record may reduce an individual's employment, housing, or academic opportunities, among other things, when checked during background assessments and other official reviews by potential employers, landlords, and educational institutions. Nonetheless, individuals may mitigate these effects by having their misdemeanor conviction record hidden from public view through the sealing process.

Differences Between Class B Misdemeanors and Other Offenses in Arkansas

Class B misdemeanors are moderate misdemeanor offenses punishable by up to 90 days in jail and a fine of up to $1,000. While:

• Class A misdemeanors are the most serious type of misdemeanor, carrying a potential jail term of up to one year and fines of up to $2,500.
• Class C misdemeanors are the least serious, punishable by up to a 30-day jail sentence and a maximum fine of $500.
• Violations are petty crimes or infractions, carrying a maximum penalty of $100 in fines and no jail or incarceration options.
• Felonies are Arkansas's most serious crimes, with penalties ranging from one year to 40 years in prison and fines of up to $15,000.

How to Check for Class B Misdemeanors in Arkansas Court Records

Individuals can look up Class B misdemeanor records in Arkansas through the ARCourts portal. Users can search this portal by name or case number to review case information and dispositions. To use the portal, visit the Search ARCourts website, open the Case Search System, select a search type, enter the required information, and submit.

Alternatively, individuals can search or request copies of Class B misdemeanor records from the local District Court Clerk’s Office in the county where the case was filed. The clerk, as custodian, maintains these records and entertains review and/or copy requests for them. Fees will be charged for copies, ranging from $0.20 to $0.50 per page. An additional $5.00 will be required for certification of record copies. Note that access and procedures may vary by court.

Can a Class B Misdemeanor Be Expunged or Sealed in Arkansas?

Yes. Arkansas Code makes provisions for the sealing of eligible criminal records. The law does not make provisions for the expungement of records. Thus, a Class B misdemeanor can be sealed in Arkansas under the Comprehensive Criminal Record Sealing Act of 2013 (Ark. Code Ann. § 16-90-1401 et seq.). Eligible individuals can petition the court to hide (or seal) their records from public view under this act. Once sealed, the record is no longer publicly accessible, and the individual may legally claim they were never convicted of the offense. However, the misdemeanor remains on record and can still be accessed by law enforcement or other authorized government agencies (Ark. Code Ann. § 16-90-1416). Sealing generally improves the record owner's employment, housing, or education opportunities.

According to Ark. Code Ann. § 16-90-1405, individuals may petition to seal a Class B misdemeanor once they have completed their sentence, probation, and paid all restitution, fines, and court costs. There is no limit on the number of petitions one may file. Most misdemeanors have no waiting period before they can be sealed. Still, some, such as negligent homicide (Class A), third-degree battery, indecent exposure, public sexual indecency, fourth-degree sexual assault, and third-degree domestic battering, require a 5-year waiting period after sentence completion. Because of the 10-year look-back period for DWI offenses, an individual may have to wait 10 years to seal a Class B misdemeanor DWI conviction record.