A Class B misdemeanor is less severe than a felony or a Class A misdemeanor, but it can still result in serious consequences. In many states (including Texas), a Class B conviction can mean up to six months in jail, a fine, or both.
The exact penalties and examples vary by state, but common offenses include things like a first-time DUI, petty theft, minor drug possession, or indecent exposure.
Key Takeaways
- A Class B misdemeanor in Texas is punishable by up to six months in jail and a fine of up to $2,000.
- Common examples include first-time DWI, marijuana possession, and driving with an invalid license.
- Convictions remain on your record unless expunged or sealed through a court order.
Definition: Class B Misdemeanor in Texas
Texas Penal Code §12.22 defines a Class B misdemeanor as an offense punishable by:
- Up to 180 days (6 months) in county jail,
- A fine of up to $2,000, or
- Both jail time and a fine.
These cases are handled in county courts, and while they’re considered “lower-level” offenses, they still carry serious legal and personal consequences.
Common Examples of Class B Misdemeanors
Some of the most common Class B misdemeanor offenses in Texas include:
- First-time DWI (BAC below 0.15)
- Possession of marijuana under 2 ounces
- Criminal trespass on nonresidential property
- Driving with an invalid license (DWLI)
- Harassment or disorderly conduct
- Prostitution (first offense)
- Theft of property that's worth between $100 and $750
- Indecent exposure
Even though these are not felonies, a conviction can still result in jail, probation, and long-term record impacts.
Jail, Probation, and Deferred Adjudication
If convicted of a Class B misdemeanor, you could face up to 180 days in county jail.
However, many defendants qualify for probation (community supervision) or deferred adjudication, which can help avoid jail time and, in some cases, lead to record sealing later on.
Probation conditions often include:
- Community service hours
- Fines and court costs
- Mandatory counseling or education programs
- Regular reporting to a probation officer
If probation is completed under deferred adjudication, you may be eligible to seal the record through nondisclosure.
How a Class B Misdemeanor Compares to Other Offenses
|
Charge level |
Jail time |
Fine |
Example offense |
|
None |
Up to $500 |
Public intoxication |
|
|
Class B misdemeanor |
Up to 180 days in county jail |
Up to $2,000 |
First-time DWI (BAC < 0.15) |
|
Up to one year in county jail |
Up to $4,000 |
Assault or a DWI with elevated charges |
|
|
6 months to 2 years in state jail |
Up to $10,000 |
Theft over $2,500 |
Can a Class B Misdemeanor Be Expunged or Sealed?
In many cases, yes — but only if the charge was dismissed, no-billed, or you received deferred adjudication.
If convicted, the record cannot be expunged, but you may qualify for nondisclosure (record sealing) if certain conditions are met.
FAQs
What is considered a Class B misdemeanor in Texas?
A Class B misdemeanor is a criminal offense under Texas Penal Code §12.22, punishable by up to 180 days in county jail, a $2,000 fine, or both. Common examples include first-time DWI, marijuana possession, and driving with an invalid license.
Can you go to jail for a Class B misdemeanor in Texas?
Yes. A conviction can result in up to six months in county jail. However, many cases are resolved through probation or deferred adjudication, allowing you to avoid jail and possibly seal your record later.
Can a Class B misdemeanor be expunged or sealed?
If your case was dismissed, no-billed, or you completed deferred adjudication, it may qualify for expunction or nondisclosure (record sealing). However, a conviction generally cannot be expunged in Texas.
Legal Sources
Defined under Texas Penal Code §12.22, the Texas Open Data Portal and the Texas Department of Public Safety (DPS). All content has been verified by Michael & Associates research.
