Introduction to Class B Misdemeanors in Kansas

Under Kansas law, a class B misdemeanor is a crime punishable by confinement in a county jail for no longer than 6 months, a fine not exceeding $1,000, or both. In the state’s misdemeanor classification, it falls between Class A and Class C misdemeanors. Felonies are more serious crimes with correspondingly higher penalties. Understanding the state’s offense classifications provides individuals with insight into possible trial outcomes, the involved legal processes, and the relevant legal provisions as they pertain to a specific case. Misdemeanors heard in the state are documented, and the ensuing records are generally made available as Kansas criminal court records.

Common Examples of Class B Misdemeanors in Kansas

Below are common examples of offenses categorized under class B misdemeanors in Kansas.

• Marijuana possession (K.S.A. 21-5706)
• Driving with a suspended driver’s license (K.S.A. 8-262)
• DUI (K.S.A. 8-1567)
• Certain weapon law violations (K.S.A. 21-6301)
• Domestic battery (K.S.A. 21.5414)
• Unlawful interference with an emergency medical services attendant (K.S.A. 21-6326)

Note that state laws classify offenses differently, and this list may not be applicable in certain states.

Statute of Limitations for Class B Misdemeanors in Kansas

Under K.S.A. 21-109, the statute of limitations for all offenses, with the exception of murder and other cases specifically provided for by other statutes, is 5 years. This means that victims and law enforcement have 5 years from the date a crime was committed to commence legal action. The time limitation shall not begin to count during any period in which the crime is not yet discovered, the defendant cannot be served for any justifiable reason, or a prosecution is pending against the defendant for the same offense.

Legal Penalties for Class B Misdemeanors

Per K.S.A. 21-6602, jail time for a class B misdemeanor must not exceed 6 months and must be served in a county jail. Other potential punishments include fines (not exceeding $1,000), an alcohol and drug evaluation program, probation, a work release program, public service, and an alcohol or drug education program. Prior DUI-related convictions are considered in determining future sentences throughout a person’s lifetime.

If a class B misdemeanor offense is repeated within a certain number of years, it is treated as a more serious offense, and the potential penalties are usually more severe. A second conviction is elevated to a class A misdemeanor, increasing steadily with subsequent convictions. Note that the stated confinement period and fine are merely caps on potential penalties, as sentences are typically subject to the court’s discretion and the circumstances of the crime’s commission.

Court Process for Class B Misdemeanors

There are no set rules or processes that apply to all criminal proceedings. However, they largely follow a similar pattern:

• Arrest: An arrest may occur based on the directives of a warrant or on the spot if the law enforcement officer has probable cause to execute such an arrest. After the arrest, the prosecutor will review the evidence and decide whether to proceed with an arraignment.
• Arraignment: Arraignment is an arrestee’s first appearance in court. At this hearing, they are informed of their rights and the charges against them, to which they may plead guilty or not guilty. The arraignment is also where the judge may or may not set bail and set the date for the second appearance.
• Pretrial: Some cases terminate at the pretrial stage through plea negotiations. During the discovery phase, which is a part of this stage, evidence and witnesses/witness statements are gathered. The charges against the defendant may be reduced as new facts that were initially unknown are brought to light.
• Plea negotiation: If the defense and prosecuting teams reach a plea agreement, the plea is entered in open court. The judge will then review the deal and may order a presentence investigation before finally passing a sentence.
• Trial: If the case proceeds to trial, it is most likely going to be heard by a jury of 6. At trial, both parties give opening statements and present evidence. Witnesses are then cross-examined before closing arguments are made. The jury or judge may then deliberate and reach a verdict.
• Sentencing: If the defendant is found guilty at trial, the court may announce a sentence on the same day or set a date for sentencing. If the court enters a non-guilty verdict, the defendant is released, and the case is closed.

To avoid a conviction for certain misdemeanors, Kansas law allows defendants to participate in diversion programs that may include community service, counseling, treatment, restitution to the victim, or educational programs. Post conviction, cases may be appealed to a higher court if any of the parties is not satisfied with the sentence.

How Class B Misdemeanors Affect Your Criminal Record

The implications of misdemeanors or any other criminal offense on a person's records far outlive any court sentence, with direct influence on vital opportunities available to the record's subject. This limitation cuts across employment, housing, educational advancement opportunities, etc., especially because most employers and landlords conduct background checks or ask applicants about their criminal history and may discriminate against people with a record.

To prevent such, people with a record who meet the eligibility criteria are encouraged to file a petition for the expungement of conviction or arrest records. Note that the impact of a criminal past on a person varies with the state. In some states, such as Connecticut, employers are prohibited from inquiring about a person’s criminal history until later in the hiring process.

Differences Between Class B Misdemeanors and Other Offenses

Various offense classes are distinguishable mainly through the maximum confinement time and payable fines. The table below covers the penalties for different crime classifications in Kansas:

How to Check for Class B Misdemeanors in Court Records

Kansas Class B misdemeanor records are available through the clerk of the court that handled a case of interest. Some clerks provide case information on the court’s official website, accessible remotely or through public access computers at the courthouse. These online repositories are often searchable using case/docket numbers or party names. The Kansas Judicial Branch provides the Kansas District Court Public Access Portal for this purpose.

To use this service, a person is required to register on the platform. Note that sealed or expunged records are not public and are not available through these websites. Furthermore, these websites only furnish users with case information and not court records. To obtain an actual class B misdemeanor court record, request copies at the court clerk’s office during business hours on a weekday. Depending on court rules, requests may require several days to process. Fees are usually required for copies.

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

Yes. When a misdemeanor record is expunged, it is removed from a person’s criminal record and not retrievable through a background check. This applies to arrest, conviction, and juvenile adjudication records. Most misdemeanors can be expunged at least 3 years after the defendant completed their sentence and any associated requirements, such as fines, probation, parole, or post-release supervision (K.S.A. 21-6614). In addition, they must have stayed free of convictions in the last 3 years.

While some states provide for the automatic expungement of criminal records after a specific number of years, people convicted in Kansas must file an expungement petition and follow due process to have their records cleared upon the expiration of the mandatory 3 years if they meet the eligibility criteria. Once a record has been expunged, the record’s subject can deny that the associated offense, arrest, diversion program, or conviction ever happened and not be guilty of perjury. Some expungement rules in Kansas are summarized below: