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What Is a Class C (Third-Degree) Felony in Missouri?
Missouri uses an alphabet-based classification system for felonies and not degrees. Missouri's felony classes range from Class A to Class E. Under this system, the closest equivalent to third-degree felonies in Missouri are Class C and D Felonies.
Notwithstanding their rankings, Class C and D felonies in Missouri are serious crimes with harsh implications. According to Section 558.011 of the Missouri Revised Statutes, crimes within the Class C category may result in 3 to 10 years imprisonment, while individuals guilty of Class D felonies may spend up to 7 years in prison.
Beyond statutory sentencing, a Class C or D felony conviction in Missouri may have long-term repercussions. In addition to social stigma, Class C and D felony records can impact job opportunities, civil rights, and certain benefits.
For non-citizens of the United States, the stakes are higher. A Class C or D felony conviction can have serious immigration consequences. For instance, it may result in deportation, ineligibility for immigration relief by Immigration and Customs Enforcement (ICE), and bar the felon from naturalization.
Common Offenses That Fall Under Class C (Third-Degree) Felony Charges
In Missouri, third-person felonies refer to Class C and D crimes. These types of crimes are serious and may result in imprisonment and significant financial costs. Based on the seriousness and harshness of penalties, Chapter 558 of the Missouri Revised Statutes categorizes the following crimes as Class C and D felonies.
Class C Felonies:
- Assault in the second degree
- Burglary in the second degree
- Involuntary manslaughter
- Possession of a controlled substance with intent to distribute
- Tampering with a motor vehicle in the first degree
Class D Felonies
- Stealing property or services valued between $750.00 and $25,000.00
- Forgery
- Third-offense DWI
- Possession of a controlled substance (simple possession)
- Resisting arrest by fleeing or using force.
| Felony Class | Crime | Description |
|---|---|---|
| Class C | Assault in the second degree | Inflicting serious injuries on another person through recklessness or by using a weapon |
| Burglary in the second degree | Entering a building without consent with the intent to commit a crime | |
| Involuntary manslaughter | Causing the death of another person through criminal neglect | |
| Possession of a controlled substance with intent to distribute | Selling or the intent to sell controlled substances, excluding the most dangerous ones | |
| Tampering with a motor vehicle in the first degree | Intentionally altering, starting, or operating someone else's vehicle without permission | |
| Class D | Stealing property or services valued between $750.00 and $25,000.00 | Unlawfully taking or possessing another person's property worth between $750.00 and $25,000.00 |
| Forgery | Making or using false documents, checks, or signatures with the intent to defraud | |
| Third-offense DWI | Committing a DWI violation for a third time | |
| Simple possession of a controlled substance | Unlawful possession of certain proscribed drugs | |
| Resisting arrest | Evading arrest by law enforcement, either by fleeing or force. |
Penalties and Sentencing for Third-Degree Felonies in Missouri
Class C and D felonies in Missouri are serious crimes with severe penalties, including significant fines. Crimes in these felony classes may result in 3 to 10 years imprisonment for Class D felonies and up to 7 years in prison if the conviction is for a Class D felony. Additionally, there may be fines of up to $10,000.00.
However, judges do not apply a one-size-fits-all system when imposing penalties for crimes within these categories. The court may impose non-prison sentencing if the crimes are non-violent, whereby the defendant avoids prison after fulfilling certain court-imposed conditions. For instance, a judge may impose:
- Probation
- Suspended Execution of Sentence (SES)
- Suspended Imposition of Sentence (SIS)
- Deferred Prosecution or Diversion Programs
- Community Service or Restitution
- Treatment Court Programs.
The options above prioritize rehabilitation, accountability, and reintegration and provide second chances to offenders, and some may result in dismissal of charges after offenders complete them.
| Felony Class | Sentencing Range | Fines |
|---|---|---|
| Class C felonies | 3 to 10 years imprisonment in a Missouri Department of Corrections (MODOC) facility | Up to $10,000.00 |
| Class D felonies | Up to 7 years in a MODOC prison facility. |
Will You Go to Jail for a Class C (Third-Degree) Felony in Missouri?
Yes, Class C and D felonies in Missouri have potential prison terms. Offenders may spend up to 10 years in prison for a Class C felony and 7 years for a Class D felony. However, not all Class C or D felony violations result in imprisonment. Offenders may avoid third-degree felony jail time through:
- Probation
- Suspended Execution of Sentence (SES)
- Suspended Imposition of Sentence (SIS)
- Deferred Prosecution or Diversion Programs
- Community Service or Restitution
- Treatment Court Programs.
How Long Does a Third-Degree Felony Stay on Your Record?
A Class C or D felony conviction may stay on a record indefinitely. In Missouri, conviction records do not automatically disappear; they remain permanent unless the court expunges them.
Class C and D felony records are public records and may result in long-term consequences. Expunging or sealing a criminal record in Missouri hides it from the public. However, they are not destroyed or completely erased; instead, they remain on law enforcement databases. Nonetheless, Section 211.321 of the Missouri Revised Statutes grants automatic sealing to most juvenile criminal records, making them inaccessible to unauthorized entities.
Can a Third-Degree Felony Be Sealed or Expunged in Missouri?
Yes, Missouri allows sealing and expungement for certain Class C and D felonies. Unlike in some states, expunging a criminal record in Missouri seals the document and makes it no longer accessible to employers, landlords, and most members of the public. However, they are not destroyed or completely erased. Section 610.140 of the Missouri Revised Statutes mandates that expunged records, including Class C and D felony records, be accessible for law enforcement, security, and regulatory purposes.
Similarly, sealing of Class C or D felony records hides them from the public. However, they remain on law enforcement databases and are still accessible to the police, regulatory agencies, and prosecutors. Hence, sealing and expunction of Class C and D felony records achieve the same purpose.
In Missouri, sealing and expungement of Class C and D felonies applies to non-violent and non-sexual crimes that result in dismissal, deferred prosecutions, or suspended imposition of sentence. Additionally, the petitioner must fulfill all terms of their sentence (including probation, parole, community service, fines, and restitution) and have no subsequent felony criminal conviction.
How Third-Degree Felonies Compare to First- and Second-Degree Felonies
Missouri classifies felonies using an alphabet system rather than a degree-based system. Under the state's felony classes, first, second, and third-degree felonies are comparable to:
- Class A felonies (first-degree)
- Class B felonies (second-degree)
- Class C and D felonies (third-degree).
Class A Felonies - These are the most serious crimes under Missouri's Penal Code. Crimes in this category involve intentional violence, serious bodily harm, or death. In Missouri, a Class A felony is punishable by 10 to 30 years or life imprisonment in a Missouri Department of Corrections detention facility.
Class B Felonies - Similar to Class A felonies, these are serious crimes, but with less severe penalties. Crimes in this class involve significant harm, violence, or danger, but do not include the extreme violence of Class A felonies. Missouri punishes Class B felonies with 5 to 15 years imprisonment in state penitentiaries.
Class C and D felonies - Missouri considers crimes within these categories as mid-level felonies. However, they are still serious offenses that can result in prison terms. Offenses in these categories are punishable by up to 10 years imprisonment for Class C and not more than 7 years for Class D felonies.
| Felony Class | Examples | Sentencing Range |
|---|---|---|
| Class A | Murder Armed robbery Kidnapping | 10 to 30 years or life Imprisonment |
| Class B | Voluntary manslaughter First-degree burglary Second-degree robbery | 5 to 15 years imprisonment |
| Class C | Third-offense DWI Forgery Felony theft (stealing property worth over $750.00) | 3 to 10 years imprisonment |
| Class D | First-degree tampering with a motor vehicle Unlawful possession of a firearm Resisting arrest (causing substantial risk of injury) | Up to 7 years in prison. |
How to Look Up Third-Degree Felony Records in Missouri
Unless sealed or expunged, individuals who seek Missouri's Class C or D felony records can access them online through the Missouri Case.net System. This online case lookup portal allows users to search for court records (including felony convictions) for free using party names or case numbers. For Class C and D felony records that are not accessible through the Case.net Access Portal, information seekers should identify the local Circuit Court that handled the specific felony trial and mail or visit its clerk's office. Furthermore, the Criminal Justice Information Services (CJIS) Division of the Missouri State Highway Patrol maintains statewide criminal history records. These documents, which include Class C and D felony records, are accessible through criminal background checks. For a $15.00 to $20.00 per search fee, interested individuals can download and complete Request for Criminal Record Check (SHP-158) Forms, and mail them to:
The Missouri State Highway Patrol - Criminal Justice Information Services (CJIS) Division
P.O. Box 9500,
Jefferson City,
MO 65102-9500
Phone: (573) 526-6153
Fax: (573) 526-9921
Missouri’s felony records may also be accessible online through third-party websites. Private platforms such as Missouricourtrecords.us and other non-government repositories may provide alternative routes for accessing these documents.
Requesters should note that Missouri’s laws do not permit public access to juvenile or sealed documents, and searches may not reveal these documents.
| Access Method | Source | Availability |
|---|---|---|
| Online | Missouri Case.net System | Public |
| Mail-in/In-person | Local Circuit Courts clerk's offices | Requires case information, a valid government-issued photo ID, a written request, or a completed record request form, and payment if it involves an extensive search and copies of documents |
| Mail-in | The Missouri State Highway Patrol - Criminal Justice Information Services (CJIS) Division | The type of information available depends on the requester, and the requirements depend on the search. Name-based criminal history checks (most common): Completed Form SHP-158 Valid identification Full name, date of birth, and Social Security Number Payment Signed authorization (if requesting another person’s record) Fingerprint-based criminal history checks: Fingerprint card (FD-258 or MSHP Form) Completed fingerprint applicant form Valid photo ID Payment Authorization code (if applicable) Employment, volunteer, or agency checks: Applicant’s signed consent form Agency or organization letterhead Return address or contact information |
| Online | Third-party websites | May require subscription or per-search payments. |
Probation and Parole for Class C (Third-Degree) Felony Offenders
For a Class C or D felony in Missouri, a defendant may realistically qualify for probation depending on the circumstances of the crime. Probation allows offenders to serve the sentence for their crime under court-imposed community supervision instead of in prison. An individual who commits a non-violent Class C or D felony without a weapon and shows a willingness to comply with court-ordered conditions may qualify for this option.
Similarly, an individual serving a prison term for a Class C or D felony can become eligible for parole. Parole refers to the early release of inmates before they complete their full prison term, allowing them to finish the rest of their sentences outside a correctional facility. In Missouri, a convict may qualify for parole after serving 15 to 33% of the sentence. However, eligibility does not guarantee automatic parole. The Missouri Board of Probation and Parole decides who receives parole based on:
- The nature of the crime
- The inmate's rehabilitation and behavior in prison
- The victim's input
- Public safety considerations.