Introduction to Class B Misdemeanors in Illinois

In Illinois, crimes are mainly categorized into felonies and misdemeanors based on harm and punishment. In these terms, misdemeanors are less serious than felonies. State law lists three misdemeanor levels: Class A, Class B, and Class C. Class B sits in the middle.

Under 730 ILCS 5/5-4.5-60, a Class B misdemeanor can carry up to six months in jail and fines as high as $1,500, depending on the charge and a court decision. Felonies carry heavier penalties and are handled by the Circuit Court. While felony punishment can result in prison terms longer than one year, misdemeanor court cases are often resolved in lower courts and may lead to shorter jail terms, fines, or probation. This classification of crimes helps clarify likely penalties, the relevant court with jurisdiction, and possible routes for relief, such as probation or record sealing.

Common Examples of Class B Misdemeanors in Illinois

Common examples of Class B misdemeanors in Illinois involve offenses that cause limited harm but are still subject to punishment. The list below provides typical cases under state law, and classification may shift based on jurisdiction and aggravating circumstances.

• Criminal trespass to land: Entering or remaining on property without consent (720 ILCS 5/21-3).
• Telephone harassment: Repeated or threatening calls intended to annoy or alarm another person (720 ILCS 135/1-1).
• Possession of cannabis: Holding more than 10 grams but not more than 30 grams of cannabis (720 ILCS 550/4).
• Aggravated speeding: A person commits aggravated speeding by driving 31 miles per hour or more above the posted speed limit (625 ILCS 5/11-601.5).
• Computer Tampering: Unauthorized access to, alteration of, or damage to a computer system (720 ILCS 5/16D-3).
• Obstruction of Service of Process: Preventing or disrupting the proper delivery of court papers to the intended recipient (720 ILCS 5/31-3).
• Littering: Placing or discarding trash on public or private land without authorization (415 ILCS 105/8).
• Altering or Defacing a Serial Number: Modifying, removing, or obscuring identification numbers on machinery or equipment (720 ILCS 335/1).
• Picketing a Residence (720 ILCS 5/21.1-3)
• Simulating Legal Process (720 ILCS 5/32-7)
• Disorderly Conduct (720 ILCS 5/26-1)

Statute of Limitations for Class B Misdemeanors in Illinois

Per 720 ILCS 5/3-5, Illinois prosecutors must initiate criminal proceedings for any misdemeanor, including Class B offenses, within one year and six months (18 months) after the offense is committed. Under Section 3-5(b), the limitation period begins immediately after the act occurs. For most Class B misdemeanors, which involve simple, completed conduct such as minor property damage, trespass, or disorderly behavior, the date of commission marks the start of the countdown.

State law also identifies conditions that pause or extend the limitation period. Under 720 ILCS 5/3-6, the clock is tolled while the accused remains outside Illinois or hides to avoid prosecution, resuming upon the offender’s return to state jurisdiction. Extended limitation rules apply to specific misdemeanor categories. Although offenses such as Domestic Battery and Driving Under the Influence (DUI) follow the general 18-month period, the offense may be elevated to a felony under aggravating circumstances, extending the limitation to three years under 720 ILCS 5/3-5(a). Also, some environmental and fiduciary-related offenses may qualify for extended limitation periods of three to five years when discovery by the prosecuting authority occurs later.

Legal Penalties for Class B Misdemeanors

Under 730 ILCS 5/5-4.5-60, Illinois Class B misdemeanor penalties are defined by law. Convictions allow a maximum six-month county jail term and fines up to $1,500. Courts may impose probation or conditional discharge for up to two years. Sentencing depends on case specifics, prior record, and aggravating or mitigating factors. Judges may require community service, restitution, or court supervision. Also, sentences may be suspended if probation conditions or good behavior are met.

A Class B misdemeanor conviction establishes a permanent criminal record. This record may appear during background checks for employment, housing, or professional licensing. State law permits the sealing or expungement of some misdemeanor records following a designated waiting period; however, eligibility is offense-specific. The long-term consequences of such a conviction can, therefore, substantially exceed the immediate sentence.

Court Process for Class B Misdemeanors

The Illinois court process for a Class B misdemeanor initiates with an arrest or citation (725 ILCS 5/103-1). A notice then directs an individual to appear in court. The first formal proceeding is the arraignment. At the arraignment, the court informs the person of the charges and requests a plea. Common pleas include guilty, not guilty, or no contest. A guilty plea may move the case directly to sentencing. A not guilty plea generally means a trial might happen.

During pre-trial stages, the court may conduct hearings on motions, evidence, or continuances. Plea negotiations between the prosecution and defense can also happen, which means a resolution could be reached without a full trial. If the case proceeds to trial, a judge or jury examines the evidence to determine guilt. Following a conviction, the court imposes a sentence. This sentencing decision is based on statutory limits, the offense severity, prior records, and other relevant case factors. Available sentencing options include jail, fines, probation, community service, or conditional discharge.

Individuals should note that local court procedures may vary. Some cases might involve additional steps, such as diversion programs or specialized reviews. Individuals can remain informed of procedural requirements in the specific jurisdiction by consulting an attorney.

How Class B Misdemeanors Affect Your Criminal Record

Class B misdemeanors appear as distinct entries in official criminal history records. Each entry lists the offense, jurisdiction, court disposition, and sentence imposed. A Class B misdemeanor can affect eligibility for employment, state-issued licenses, rental agreements, or security clearance assessments.

Consequences vary by state statutes and record-retention policies. Public access differs across jurisdictions. Some states limit disclosure after a statutory period, while others retain records permanently. Relief procedures, including sealing or expungement, exist under certain state laws but require statutory conditions to be met.

Eligibility generally requires a defined waiting period, full sentence completion, and filing compliance. The process is not automatic and demands a verified petition to the appropriate court. Certain jurisdictions require prosecutorial approval. Sealed records remain accessible to law enforcement or under limited public-interest exceptions. Legal counsel is necessary to determine the exact procedural and eligibility standards.

Differences Between Class B Misdemeanors and Other Offenses

Illinois organizes misdemeanors as Classes A, B, and C, each defined by statutory sentence ranges (730 ILCS 5/5-4.5-85). Class B misdemeanors sit between Class A and Class C offenses in seriousness and penalty. Class B carries a possible county jail term not exceeding 180 days and fines commonly capped at $1,500, while Class A permits up to 364 days and fines up to $2,500, and Class C usually permits up to 30 days and fines up to $1,500.

Felonies differ greatly. Felonies carry state prison terms of one year or more and substantially larger fines. Felony convictions trigger way more severe collateral consequences, including longer probation, enhanced sentencing for repeat offenders, and loss of certain civil rights. Class B convictions may affect employment, licensing, and housing, but usually carry less exposure than felonies. Sentencing alternatives include supervision, probation, or conditional discharge. Statutory specifics depend on the defining code section for each offense.

(Note:) Parties should consult legal counsel for guidance and appropriate action in all judicial matters.

How to Check for Class B Misdemeanors in Court Records

Access procedures for Class B misdemeanor court records may vary significantly across jurisdictions within Illinois. Clerk of the Circuit Court offices in the county where the offense occurred maintain the official physical case files. Records seekers can locate these records by directly contacting the appropriate county office for assistance or by visiting the office. Public access terminals in many courthouses also allow review of case summaries and disposition information, though electronic searches may require payment of fees.

Alternatively, the state’s re:SearchIL platform serves as a unified dashboard for accessing Class B misdemeanor case data. Public access requires registration through an eFileIL login, but use for third-party record searches is limited. The system primarily serves courts and legal professionals, while self-represented litigants may view only their own cases. Also, some counties additionally provide remote search tools, such as Cook County’s online case information system.

Interested parties should consult official judicial or county sources for definitive procedural guidance. Verification of specific requirements remains the responsibility of the individual performing the search. Access regulations and fees fluctuate based on the local court’s jurisdiction.

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

In Illinois, a person convicted of a Class B misdemeanor may seal the record but rarely expunge it. Under the statute, expungement (which erases records) applies only when charges were dismissed, the conviction reversed, or the person pardoned (20 ILCS 2630). Sealing (which hides the record from most public view) becomes available after sentence completion and applicable waiting periods (two years).

Clearing the record improves access to employment, professional licensing, housing rentals, and security clearance. Per state law, certain offenses may not qualify (for example, some DUI or sexual-offense cases); consultation with legal counsel is advisable. Below is a summary of general expungement rules for first-time, multiple, and violent offenses: