Understanding Class B Misdemeanors in Oregon – Jail Time, Penalties, and Expungement Process

Class B misdemeanors are moderate criminal offenses in Oregon, carrying sentences up to 6 months in jail and fines up to $2,500. These crimes—including harassment, disorderly conduct, and certain traffic violations—require understanding of sentencing ranges, probation options, and expungement eligibility under Oregon law.

Class B misdemeanors represent moderate criminal offenses in Oregon, falling between the more serious Class A misdemeanors and the less serious Class C misdemeanors. If you're facing Class B misdemeanor charges, understanding the sentencing framework under Oregon Revised Statutes 161.615 and ORS 161.635 is essential for making informed decisions about your case.

This comprehensive guide explains Class B misdemeanor sentencing ranges, common examples, expungement eligibility under ORS 137.225, and realistic expectations for penalties and record clearing.

Sentencing Ranges Under ORS 161.615
Examples of Class B Misdemeanors
Expungement Eligibility & Process
Probation & Community Service Options
Using Our Class B Misdemeanor Calculator
Frequently Asked Questions

Sentencing Ranges Under ORS 161.615

Under Oregon Revised Statutes 161.615(2), a person convicted of a Class B misdemeanor faces:

Statutory Maximum Penalties

Maximum jail time: 6 months (180 days) in jail
Maximum fine: $2,500 under ORS 161.635(1)(b)
Probation: Up to 3 years of probation supervision
Community service: Alternative to jail time, especially for first-time offenders

Important Note: Class B misdemeanors are moderate offenses that often result in probation with community service rather than jail time, particularly for first-time offenders.

Factors Affecting Sentencing

Aggravating Factors (may increase sentence toward maximum):

Prior criminal history, especially similar offenses
Use of weapons during commission of offense
Victim was especially vulnerable (child, elderly, disabled person)
Significant harm to victim or property
Offense committed while on probation, parole, or pretrial release
Leadership role in criminal activity
Extreme behavior or cruelty
Offense occurred in victim's home or workplace
Victim was law enforcement officer or public official
No remorse or lack of cooperation with authorities

Mitigating Factors (may reduce sentence):

First-time offender with minimal criminal history
Genuine remorse and acceptance of responsibility
Substantial cooperation with law enforcement
Mental health issues with treatment commitment
Victim was not seriously harmed
Extraordinary circumstances reducing culpability
Strong community support and character references

Examples of Class B Misdemeanors

Class B misdemeanors encompass moderate criminal offenses in Oregon. Here are the primary categories:

1. Harassment

ORS 166.065: Intentionally harassing or annoying another person by subjecting them to offensive physical contact or threatening behavior.

Typical sentence: Probation to 90 days in jail, plus restraining order if victim requests.

Key factors: Nature of harassment, relationship to victim, prior harassment history, whether physical contact occurred.

Note: Harassment can escalate to stalking (a felony) if it involves a pattern of behavior that causes fear.

2. Disorderly Conduct

ORS 166.025: Engaging in fighting, violent, tumultuous, or threatening behavior in a public place.

Typical sentence: 30 days to 180 days in jail, depending on severity and circumstances.

Key factors: Level of violence, public safety impact, prior disorderly conduct history, whether weapons were involved.

Distinction: Must occur in a public place and involve behavior that disturbs the peace.

3. Criminal Trespass in the Second Degree

ORS 164.245: Entering or remaining unlawfully in or upon premises when the premises are not open to the public.

Typical sentence: Probation to 90 days in jail, plus potential restraining order.

Key factors: Type of premises, relationship to property owner, prior trespass history, whether damage occurred.

Note: Criminal trespass can escalate to burglary (a felony) if the person enters with intent to commit a crime.

4. Criminal Mischief in the Second Degree

ORS 164.354: Intentionally damaging property of another person with a value less than $1,000.

Typical sentence: Probation to 90 days in jail, plus restitution to victim.

Key factors: Value of damage, type of property damaged, relationship to victim, prior criminal mischief history.

Note: Damage of $1,000 or more becomes criminal mischief in the first degree, which may be charged as a Class A misdemeanor.

5. Excessive Speeding

ORS 811.140: Driving 20 miles per hour or more over the posted speed limit.

Typical sentence: Fines and license suspension, with possible jail time for repeat offenses.

Key factors: Speed over limit, traffic conditions, prior speeding history, whether accident occurred.

Note: Most speeding tickets are traffic violations, not misdemeanors, but excessive speeding can be charged as a Class B misdemeanor.

Expungement Eligibility & Process

Class B misdemeanors can be expunged from your criminal record under ORS 137.225, with a shorter waiting period than Class A misdemeanors.

Expungement Waiting Period

Class B misdemeanors: 1 year from the date of conviction or completion of sentence, whichever is later.

Requirements for eligibility:

No new arrests or convictions during the waiting period
All fines, fees, and restitution must be paid
No pending criminal charges
Must not have been convicted of a felony since the misdemeanor conviction

Expungement Process

File petition: Submit expungement petition to the court where you were convicted
Pay filing fee: Current fee is $281 (subject to change)
Court review: Judge reviews your petition and criminal history
Hearing: May be required if there are questions about eligibility
Order: If granted, court issues expungement order
Record clearing: Criminal justice agencies update their records

Benefits of Expungement

Employment: Can answer "no" to most criminal history questions on job applications
Housing: Landlords cannot consider expunged convictions
Professional licenses: Many licensing boards cannot consider expunged convictions
Background checks: Expunged convictions should not appear on most background checks

Important: Expungement does not restore gun rights or remove the conviction from all databases. Some government agencies may still have access to expunged records.

Probation & Community Service Options

Many Class B misdemeanor cases result in probation with community service rather than jail time, especially for first-time offenders.

Typical Probation Conditions

Standard probation: 1-3 years of supervised probation Community service: 40-200 hours of community service Fines: $500-$2,500, often with payment plans Treatment programs: Counseling, substance abuse treatment, or anger management Restraining orders: If victim requests, especially in harassment cases Regular reporting: Monthly or bi-weekly meetings with probation officer

Community Service Options

Non-profit organizations: Working with local charities and community groups Public works: Cleaning parks, maintaining public facilities Educational programs: Teaching or mentoring in community programs Restorative justice: Meeting with victims or community members to make amends

Factors Favoring Probation

First-time offender with minimal criminal history
Genuine remorse and acceptance of responsibility
Strong community support and character references
Employment and family responsibilities
Mental health or substance abuse issues with treatment commitment
Victim was not seriously harmed
Cooperation with law enforcement

When Jail Time Is Likely

Prior criminal history, especially similar offenses
Use of weapons or violence
Vulnerable victims (children, elderly, disabled)
Significant harm to victim or property
Offense committed while on probation or parole
No remorse or lack of cooperation
Leadership role in criminal activity

Using Our Class B Misdemeanor Calculator

Our Class B Misdemeanor Oregon Sentencing Calculator helps estimate potential sentencing outcomes and expungement eligibility.

Calculator Features

Sentencing Estimation:

Enter case factors (first offense, aggravating factors, repeat offense)
Get estimated jail time and fine ranges
Understand how factors affect sentencing

Expungement Calculator:

Enter conviction date or sentence completion date
Calculate exact expungement eligibility date
Check impact of new arrests on eligibility

Legal Resources:

Direct links to relevant Oregon statutes
Citations to ORS 161.615, 161.635, and 137.225
Educational information about sentencing guidelines

How to Use

Select case factors that apply to your situation
Enter dates for expungement calculation
Review results for sentencing estimates and expungement eligibility
Consult attorney for case-specific advice

Remember: The calculator provides educational estimates only. Every case is unique, and actual sentences are determined by the court based on specific circumstances.

Frequently Asked Questions

What crimes are Class B misdemeanors in Oregon?

Class B misdemeanors in Oregon include harassment, disorderly conduct, criminal trespass in the second degree, and criminal mischief in the second degree. These offenses carry a maximum sentence of 6 months in jail and fines up to $2,500 under ORS 161.615(2) and ORS 161.635(1)(b).

How much jail time for a Class B misdemeanor in Oregon?

The maximum jail time for a Class B misdemeanor in Oregon is 6 months (180 days). However, many Class B misdemeanor cases result in probation with community service rather than jail time, especially for first-time offenders.

Can Class B misdemeanors be expunged?

Yes, Class B misdemeanors can be expunged in Oregon after a 1-year waiting period under ORS 137.225, provided there are no new arrests or convictions during that time. This is shorter than the 3-year waiting period for Class A misdemeanors.

Is harassment a Class B misdemeanor in Oregon?

Yes, harassment under ORS 166.065 is typically charged as a Class B misdemeanor in Oregon. This includes intentionally harassing or annoying another person through offensive physical contact or threatening behavior.

Is a speeding ticket a misdemeanor in Oregon?

Most speeding tickets in Oregon are traffic violations, not misdemeanors. However, excessive speeding (20+ mph over the limit) or reckless driving may be charged as Class B misdemeanors. Regular speeding tickets are typically traffic violations with fines only.

Conclusion

Class B misdemeanors represent moderate criminal offenses in Oregon that often result in probation with community service rather than jail time. While the statutory maximum is 6 months in jail and $2,500 in fines, actual sentences typically focus on rehabilitation and community service.

First-time offenders usually receive probation, community service, or significantly reduced jail time instead of maximum sentences. Expungement is possible after just 1 year, making it easier to clear your record compared to Class A misdemeanors.

If you're facing Class B misdemeanor charges, consult with an experienced Oregon criminal defense attorney who can help you understand your options for defense, plea negotiations, and long-term record management.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Oregon criminal defense attorney for advice specific to your situation.