Oregon Class B Misdemeanors

Class B misdemeanors are the second-highest classification of misdemeanors in Oregon, as outlined in Oregon Revised Statutes (ORS) § 161.555. Generally, offenses punishable by a sentence of imprisonment in Oregon are considered crimes, and there are two main types: felonies and misdemeanors, as defined in ORS § 161.515. Of these two types of crimes, felonies are considered the most serious, and they carry the most severe punishments. Meanwhile, misdemeanors are less serious than felonies, and they are punishable with a maximum of six (6) months imprisonment and a fine of up to $2,500 per ORS § 161.615 and ORS § 161.635.

In Oregon, Circuit courts are responsible for handling cases centered around the prosecution of class B misdemeanors. Information and records from these types of cases are usually part of Oregon criminal court records. Thus, interested individuals may look up these records to find information about cases involving a class B misdemeanor in Oregon,

Common Examples of Class B Misdemeanors in Oregon

Common examples of class B misdemeanors in Oregon include:

• Attempts to commit a class A misdemeanor (ORS § 161.405)
• Solicitation (ORS § 161.435), provided the offense that was solicited is a class A misdemeanor
• Second-degree disorderly conduct (ORS § 166.025): this entails doing any of the following with the intent of causing public inconvenience, annoyance, or alarm:
  • Fighting or engaging in violent, tumultuous, or threatening behavior
  • Making unreasonable noises
  • Disturbing a lawful assembly of individuals
  • Obstruction of vehicular or pedestrian traffic
  • Knowingly initiating or circulating a false report about an alleged or impending catastrophe, crime, fire, explosion, or other form of emergency.
  • Creation of a hazardous or physically offensive condition by an individual who is not licensed or privileged to do so.
• Harassment (ORS § 166.065): this involves:
  • Intentionally harassing or annoying another person by;
    • Subjecting them to offensive physical contact
    • Using abusive words or gestures to insult them publicly
  • Knowingly conveying a false report concerning death or physical injury to an individual to cause another person alarm.
  • Making a telephonic, electronic, or written threat to inflict serious physical injury on another person or to commit a felony involving another person or property they or any of their family members owns.

Statute of Limitations for Class B Misdemeanors in Oregon

According to ORS § 131.125, the statute of limitations for most class B misdemeanors in Oregon is two (2) years after the commission of the crime. However, this time limit may be tolled for a maximum of three (3) years if the defendant flees the state or hides within the state to evade prosecution and justice.

Legal Penalties for Class B Misdemeanors

In Oregon, individuals convicted of a Class B misdemeanor typically face legal penalties, such as imprisonment, fines, or both. Per ORS § 161.615, they may be sentenced to up to six (6) months in jail. Furthermore, a maximum fine of $2,500 may also be imposed on them pursuant to ORS § 161.635.

Aside from the aforementioned legal penalties, a court may also sentence an offender to probation or community service as an alternative to incarceration or a fine. These alternative sentences are typically issued at the court’s discretion, depending on the offender’s criminal history and the specifics of the crime committed.

A Class B misdemeanor conviction may also result in long-term collateral consequences. For instance, it can negatively impact employment and housing prospects, as some potential employers and landlords may view the conviction as a red flag.

Court Process for Class B Misdemeanors

The court process for the prosecution and eventual adjudication of a class B misdemeanor in Oregon usually involves the following:

• Arrest: This may happen at the scene of the crime or pursuant to an arrest warrant issued at a District Attorney’s request. It involves a law enforcement officer retraining and taking an individual into custody to charge them with a crime.
• Arraignment: This is usually scheduled on the first business day after an arrest. During an arraignment, the offender, also known as the defendant, will be read their charges and assigned a public defender to represent them (provided they have not already hired an attorney).
• Release hearing: If the defendant is currently being held in jail, the judge will decide whether they should be released on or without bail during this hearing. However, if the defendant is not in jail or has been released, the judge will set conditions of release.
• Call or trial readiness hearing: During this hearing, the prosecuting District Attorney’s Office (also known as the prosecutor) and the defense attorney representing the defendant will meet with the judge to decide whether they are ready to proceed to trial on the scheduled date.
• Motion hearing: This is when the judge may make a decision regarding specific legal matter(s) connected to the case.
• Settlement conference: This is a scheduled meeting where the judge meets with the prosecutor and the defendant’s defense attorney to discuss and consider options of resolving the case without a formal trial.
• Trial: This is typically a multi-day court proceeding in which the prosecutor and the defendant’s defense attorney present evidence to support their respective claims. Witnesses and victims will also be called to testify, and the prosecutor and defense attorney will be allowed to question those who testify. Subsequently, the judge will decide whether the defendant is guilty or not based on the evidence provided.
• Plea hearing: During this hearing, the defendant may admit to some or all of the charges against them. This admission is typically made as part of a plea agreement, in which the prosecutor agrees to reduce or dismiss certain charges or sentences in exchange for a guilty plea.
• Sentencing hearing: This is where the judge issues their final judgment regarding the penalties the defendant will face as part of their sentence, such as incarceration, fines, probation, and other forms of punishment.

Note that the court process for a class B misdemeanour may differ by case. Some cases may include all or some of the processes above, while others may be subject to additional processes.

How Class B Misdemeanors Affect Your Criminal Record

Generally, if an individual has been convicted of a Class B misdemeanor offense in Oregon, the conviction will be included in their criminal record. As a result, when a criminal background check is conducted on them, these convictions will appear in the results, which may negatively impact various aspects of their life. These include their ability to obtain specific types of professional licenses, secure employment, and find suitable housing.

For instance, the Oregon State Board of Nursing (OSBN) generally conducts criminal background checks on individuals applying for a license, certification, or an open position with the agency. Although having a misdemeanor conviction does not automatically disqualify applicants, the OSBN may consider these convictions, especially those that are substantially related to the qualifications, functions, or duties, when reviewing applications.

An individual may be able to hide or restrict public access to some or all of their class B misdemeanor conviction records by applying for expungement. This can help in mitigating some of the negative consequences of such convictions on one’s criminal record. However, an individual must meet the eligibility requirements for expungement, and requests are not always granted.

Differences Between Class B Misdemeanors and Other Offenses

In Oregon, the primary distinction between class B misdemeanors and other offenses lies in the potential legal penalties. Generally, the penalties for felonies are more severe than those for misdemeanors.

Per ORS § 161.625, fines for felonies range from $500,000 for murder or aggravated murder to a maximum of $125,000 for a class C felony, while the fine for a class B misdemeanor can not exceed $2,500. Similarly, the maximum terms of imprisonment for felonies are between 20 years for a class A felony to five (5) years for a class C felony according to ORS 161.605. Meanwhile, a class B misdemeanor carries a maximum imprisonment term of 6 months.

Amongst the types of misdemeanors, class B misdemeanors rank lower than class A but higher than class C misdemeanors in terms of potential penalties. For instance, the maximum fines for a Class A and Class C misdemeanor are $6,250 and $1,250, respectively, compared to a Class B misdemeanor maximum fine of $2,500.

How to Check for Class B Misdemeanors in Court Records

In Oregon, the easiest way to check for Class B misdemeanors in court records is by using online resources provided by the Oregon Judicial Department. These include the Oregon Judicial Case Information Network (OJCIN) and the Free Records Search portal. These resources allow users to search and access information and court records for different types of cases handled by the Oregon judicial system, including those involving Class B misdemeanors.

Alternatively, free public access terminals are provided at local courthouses that interested persons may use to conduct searches for court records onsite. Note that record seekers must possess sufficient information about the case they wish to search to facilitate their search, either remotely or on-site. These include the case number and the name of the case’s parties.

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

A class B misdemeanor may be expunged in Oregon pursuant to ORS 137.225. Expungement, also known as expunction or set-aside, is a court process that seals a record, preventing it from appearing in official court records. Notwithstanding, under certain circumstances, expunged records may be unsealed.

Most class B misdemeanors are eligible for expungement under Oregon law. However, there are some exceptions. Most notably, sex and traffic offenses are ineligible for expungement. Getting conviction expungement can make securing a job, finding housing, and obtaining employment easier and less complicated.

The table below contains a summary of some Oregon expungement rules.