Kentucky Class B Misdemeanors

Under Kentucky law, a class B misdemeanor is any offense punishable by jail time not exceeding 90 days, a fine not more than $250.00, or both. Kentucky’s designation of offenses (K.R.S. 532.020) places the seriousness and sentence severity of class B misdemeanors between violations (the least) and class A misdemeanors, with felonies (class A to D) being the most serious offenses. Class B misdemeanor court records are official court documents obtainable from the courts.

An understanding of the Kentucky Penal Code and the state’s maximum penalties for different crime classes helps individuals understand their rights and remedies when involved with the criminal justice system.

Common Examples of Class B Misdemeanors in Kentucky

The following offenses are generally considered class B misdemeanors in Kentucky:

• Supplying a peace officer with wrong information, such as a name or address (K.R.S. 523.110)
• Second degree criminal trespass (K.R.S. 511.070)
• Public intoxication (K.R.S. 525.100)
• Driving while a driver’s license is revoked or suspended (first offense within 10 years) (K.R.S. 19A.090)
• Prostitution (K.R.S. 529.020)
• Marijuana possession (K.R.S. 218A.1422)

Not all offenses result in jail sentences, as the court may award a fine as an alternative. Also, crimes considered class B misdemeanors vary with different states, and so do their potential penalties.

Statute of Limitations for Class B Misdemeanors in Kentucky

Per K.R.S. 500.050, the statute of limitations for non-felony offenses (class B misdemeanors inclusive) is 1 year. Accordingly, prosecutors have a maximum of 1 year from the date a crime was committed to file charges. For sexual offenses against a minor, the statute of limitations expires 10 years after the victim turns 18. The statute of limitations does not begin to count until the offense has been discovered (for fraudulent cases) or reported to law enforcement. Furthermore, the statute of limitations pauses for any period when the defendant is not within the state, resulting in an inability to serve a summons or make an arrest.

Legal Penalties for Class B Misdemeanors in Kentucky

In Kentucky, class B misdemeanors have a maximum jail sentence of less than 90 days. Statutory fines (K.R.S. 534.040) can be up to but not more than $250.00 (this amount does not apply to corporations). Note that jail time and fines are not mutually exclusive, as a person can receive one as an alternative to the other or both. The above are caps placed on class B misdemeanor sentences. The sentence for a particular case is at the discretion of the court and is usually influenced by factors like:

• The severity of the offense
• The existence of prior offense(s)
• The victim (offenses against minors and seniors are often considered more serious)
• The amount involved

Beyond the court’s sentence, the impact of a conviction may be felt in various ways, such as employment and housing challenges, as such conviction information becomes part of a person’s records and is retrievable during routine background checks conducted by prospective employers and landlords.

Court Process for Class B Misdemeanors in Kentucky

• Arrest: In Kentucky, criminal proceedings for misdemeanors in general typically begin with an arrest. Within 12 hours of when the arrestee is detained, they will be interviewed by a pre-trial services officer, who will give information gathered from that interview to a judge. This is then followed by an arraignment, which is the first formal hearing after a person is charged with a crime. Kentucky law does impose a statutory time limit on arraignment.
• Arraignment: At the arraignment, the defendant will be informed of the charges against them and their rights. The defendant may enter a “guilty”, “not guilty”, or “guilty but mentally ill” plea. Based on information gathered during the pretrial interview, the judge may or may not set the arrestee’s bond, and must do so within 24 hours. If the defendant does not have an attorney at this time, a public defender will be appointed for them.
• Pretrial: Pleas and negotiations between the prosecution and the defense during this phase. The defendant may decide to plead guilty based on the terms of the plea deal if they find it favorable enough, in which case, the case does not go to trial. The pretrial period occurs before the trial but after the indictment. Common activities that occur during this phase are discovery, pretrial motions, and plea agreements in some cases.
• Trial: If an agreement has not been reached during the pretrial period, the case proceeds to trial, which may be a bench or a jury trial (K.R.S. 29A.270). During the trial, both sides present their opening arguments, followed by the defense. Evidence and witness statements are also presented. Both parties then summarize their case for the jury and may sometimes point out inconsistencies in the other side’s arguments.
• Sentencing: This is followed by deliberation, which may last for hours, days, or even weeks, depending on the evidence presented and the nature of the case. After deliberation, the judge will announce the verdict in open court, followed by a sentence. Per K.R.S. 22A.20, attorneys may appeal sentences or convictions to the Court of Appeals for review.

How Class B Misdemeanors Affect Your Criminal Record in Kentucky

Class B misdemeanor records, like any other type of criminal records, can have negative impacts on the record holder long after the fine has been paid and the jail time has been served. These limitations often reflect in areas like housing, employment, professional licensing, immigration, and eligibility for financial aid. Employers and landlords often run background checks and may discriminate against people with a record, making it challenging to find good housing and jobs (especially in fields like education or healthcare).

Beyond these, personal relationships and community involvement may be affected. Kentucky’s Clean Slate law enables people to have their conviction records deleted after a period, if they meet certain eligibility criteria. Individuals who meet the eligibility criteria should seek to expunge their records as soon as possible.

Differences Between Class B Misdemeanors and Other Offenses in Kentucky

The classification of offenses depends on the nature and seriousness of the crime. The table below summarizes the different crime classes in decreasing order of severity and their key distinctive features based on potential jail time and maximum fines.

Per K.R.S. 534.030, the fine for a felony ranges from $1,000 to $10,000. If there was a monetary gain from the commission of the offense, the fine will be double the gain if such an amount is greater than $10,000.

How to Check for Class B Misdemeanors in Kentucky Court Records

The clerk of the court in the county where a case was filed is the primary custodian of all associated records. Class B misdemeanor records may be requested from the appropriate clerk’s office. Some clerks offer mail-in and online record request/search options, e.g., Jefferson County. Mail-in and in-person requests for copies usually require a fee. Fees vary by jurisdiction and usually depend on the number of requested copies. In some jurisdictions, individuals are required to present a valid means of identification during requests.

Statewide searches are available through the Kentucky Court of Justice website. To find a misdemeanor case, one must specify “misdemeanor” in the appropriate field and select the county where the case was filed. Additional information required for a search is a defendant’s full name and date of birth.

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

Yes. However, a person must wait for a minimum of 5 years after completing their sentence before they can apply for an expungement, unless there is an enhancement period, which may extend the waiting period. For example, DUIs have an enhancement period of 10 years, during which they would get a more severe punishment if they got another conviction. As such, the applicable waiting period is 10 years. Additionally, the offense must not be a sexual offense against a child, and there must be no pending criminal charges against the defendant.

If the case resulted in an acquittal or dismissal with prejudice after July 2020, it is eligible for automatic expungement, requiring no action from the defendant. If the automatic expungement is not done after 60 days from the date the acquittal or dismissal was entered, the defendant should file the Acquittal Form at the court that handled the case. If the acquittal or dismissal was without prejudice, the waiting period is 1 year.

To expunge a conviction, a person must obtain a certificate of eligibility (costs $40.00). Filings are done at the court where the conviction was entered. An expungement deletes all charges related to a conviction. Expunging one’s conviction records carries several benefits, including enhanced employment, educational, and housing opportunities that otherwise wouldn’t be available due to the presence of a criminal record. Some government assistance programs may even be affected.

Note that expungement provisions and implications vary by state. Below are some general Kentucky expungement rules: