Tennessee Class B Misdemeanors

Tenn. Code Ann. § 39-11-110 defines a misdemeanor as an offense for which imprisonment does not exceed one year. The state further classifies misdemeanors into three categories: Class A (the most serious), Class B, and Class C (the least serious). Class B misdemeanors sit between Class C and Class A, being more serious than Class C but less severe than Class A.

These classifications are primarily designed for sentencing purposes, but they also help individuals understand the relative seriousness of various offenses, which is particularly useful when reviewing Tennessee Criminal Court Records.

Common Examples of Class B Misdemeanors in Tennessee

Class B misdemeanors occupy an intermediate level of severity for misdemeanor classes in Tennessee. Common examples of offenses under this class include reckless driving, indecent exposure, prostitution, criminal impersonation, and driving while suspended or revoked.

Penalties for Class B misdemeanors, although subject to the general rule, may vary slightly depending on the offense. Additionally, some of these offenses can be classified as more severe, resulting in harsher penalties. For example, prostitution and indecent exposure when perpetrated close to a school become a Class A misdemeanor and Class E felony, respectively.

Statute of Limitations for Class B Misdemeanors in Tennessee

The statute of limitations generally provides prosecutors with a fixed time frame to file charges for a crime. For all misdemeanors in Tennessee, this period is one year, starting from the date the offense was committed, except for gaming-related crimes (which are classified mainly as Class C offenses) (Tenn. Code Ann. § 40-2-102). However, criminal impersonation involving a driver's license using a fraudulently obtained driver's license may begin within one year of the license’s expiration or within three years of its last fraudulent use, whichever is longer.

The table below displays the general statute of limitations for Class B misdemeanor offenses in Tennessee.

Legal Penalties for Class B Misdemeanors

Tenn. Code Ann. § 40-35-111 establishes the authorized punishments for crimes in Tennessee. According to the statute, the maximum imprisonment term for a Class B misdemeanor is six months, and the maximum fine is $500. A judge may impose either or both sanctions, depending on the circumstances of the offense. An offender may also be placed on probation, intermittent confinement, work release, community service, or be ordered to pay restitution.

A Class B misdemeanor conviction also includes collateral consequences beyond initial sentencing. These consequences vary depending on the circumstances, but can create substantial difficulties in an individual's life long after the initial sentence is served.

Court Process for Class B Misdemeanors

The court process for Class B misdemeanors typically begins with an arrest or citation in lieu of an arrest. Citations are commonly used for low-level offenses, such as most Class B misdemeanors, where the accused is not deemed an active threat to public safety. Failure to comply with a citation is a Class A misdemeanor.

Arraignment promptly follows an arrest or citation: the accused makes their first appearance in court and is provided notice of the charge. The court also advises the accused of their rights, determines their right to assigned counsel (if indigent) pursuant to Tenn. R. Crim. P. 44, and decides conditions for bail. At this stage, the defendant will be asked (voluntarily) to enter a plea, pleading either guilty, not guilty, or nolo contendere (with the court's consent). The court will automatically enter a not guilty plea if the accused refuses to plead (Tenn. R. Crim. P. 11).

The next step after arraignment is trial if a plea of not guilty is entered. Class B misdemeanors are usually heard in the Circuit/Criminal Court in the county where the crime occurred. However, if the defendant waives their right to a jury trial, the hearing may occur in the General Sessions Court. Before the trial, the defendant may request that the court disclose any oral statements they made before or after arrest in response to an interrogation, or any other document in the court's custody that may assist them in preparing their defense (Tenn. R. Crim. P. 16).

At trial, the case will be examined, and if found guilty, the defendant (accused) will be convicted and sentenced accordingly. The defendant may appeal the judicial verdict from the General Sessions Court to the Circuit or Criminal Court within 10 days if they are unsatisfied with the judgment. For Circuit/Criminal Court cases, appeals are heard by the Tennessee Court of Criminal Appeals.

How Class B Misdemeanors Affect Your Criminal Record

Class B misdemeanor convictions, like all convictions, are permanently recorded in an individual's criminal history. Once entered, the record is automatically public and accessible to anyone, including employers and landlords. Due to the record's public nature, individuals may face difficulties accessing housing or employment, particularly in roles related to childcare, healthcare, or education. Also, there can be immigration consequences for non-citizens. The exact consequences differ based on the offense.

However, Tennessee law allows for the expungement of some convictions, including many Class B misdemeanors. Individuals with a conviction may pursue expungement to have the conviction erased from their record and receive relief from most of the consequences.

Differences Between Class B Misdemeanors and Other Offenses

Crimes in Tennessee are broadly categorized into felonies and misdemeanors, with each further having subcategories. Class B misdemeanors sit in the middle of the misdemeanor range, making them less severe than Class A misdemeanors, but more serious than Class C misdemeanors.

Offense classification directly dictates the severity of the authorized penalties. Felonies carry the harshest punishments, ranging from over one year to 60 years imprisonment and fines from $3,000 to $50,000. For misdemeanors, the penalties are as follows:

• Class A: Up to 11 months, 29 days in jail, and fines up to $2,500.
• Class B: Up to 6 months in jail and fines up to $500.
• Class C: Up to 30 days in jail and fines up to $50.

How to Check for Class B Misdemeanors in Court Records

In Tennessee, court record accessibility is subject to Tenn. Sup. Ct. R. 34. Under this rule, the public has the right to inspect and obtain a copy of any court record, including a Class B misdemeanor case record, unless exempted under the Public Records Act, other state law, or court rule.

Individuals can exercise this right in the following ways:

Visiting the Appropriate Court Clerk

A court record is primarily maintained by the court clerk in the county where the case was heard. Individuals seeking court records can visit the relevant court clerk's office to place a request. The clerk may require a defendant's name or case number to locate the record. Under the Public Records Act, custodians may not charge a fee to inspect a record. However, a custodian is permitted to charge a reasonable cost for duplication when a copy of the record is requested. Court procedures for access may also vary per jurisdiction.

Searching an Online Court Database

Tennessee does not have a centralized case record database accessible to the public. However, these are made available at the county level by several counties in the state. Inquirers can access a Class B misdemeanor court record without visiting the court clerk's office by utilizing the court's online search portal, if available. Record searches are usually performed using a name, case number, or filing date. Some county portals include

• Montgomery County Online Court Records Search
• Blount County Online Court Records Search
• Shelby County General Sessions Case Inquiries

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

Yes. Tennessee law provides a path to expunge certain criminal cases filed in the state under Tenn. Code Ann. § 40-32-101. An expungement erases a conviction, making it as though the conviction never happened. This legal option can provide relief to individuals experiencing multiple collateral consequences and disabilities resulting from a conviction in the state.

An individual is eligible to file a petition to expunge their Class B misdemeanor record if there was no conviction or if the conviction was not for any of the following:

• Violence-related offenses
• Sex-related offenses
• Offenses involving minors
• Stalking
• Certain drug-related offenses

Also, to be eligible, the petitioner must satisfy the following requirements:

• The Class B misdemeanor must not have happened after a conviction for an inexpungible offense.
• The individual has not previously been granted an expunction.
• The individual has completely satisfied their sentence requirements.
• At least five years have passed since the completion of their sentence.

Although expungement is generally a one-time opportunity in Tennessee, individuals can petition to have two Class B misdemeanor convictions expunged in a single petition. Multiple convictions stemming from one continuous incident at the same location with a single criminal intent may be treated as a single offense.

The table below summarizes the eligibility criteria for Class B misdemeanor convictions in Tennessee.