What Is a Class C (Third-Degree) Felony in North Dakota?

Similar to some other jurisdictions in the United States, North Dakota uses letters to classify felonies, rather than a degree-based system. Section 12.1-32-01 of the North Dakota Century Code groups felonies into four classes:

• Class AA (the most serious crimes)
• Class A
• Class B
• Class C (the least serious felony offenses).

North Dakota's classification system compares a third-degree felony to a Class C felony. While not as severe as offenses in Class A and Class B, the Class C felony category carries penalties that include long-term prison sentences and significant fines

Additionally, despite their lower ranking in the felony category, these convictions create criminal records that carry far-reaching repercussions well beyond the statutory sentences. For instance, a criminal record resulting from a Class C felony conviction can impact the offender's job opportunities, housing options, and certification by licensing agencies. A felony conviction in North Dakota affects the offender’s right to vote, ability to possess firearms, eligibility to hold public office, and qualification for jury service.

Common Offenses That Fall Under Class C (Third-Degree) Felony Charges

North Dakota legally refers to third-degree felonies as Class C felonies. Offenses in this category are serious crimes, but not at the levels of Class A or B felonies. These types of crimes include property-related offenses, repeat violations, or moderate acts of violence that do not result in severe injury or death. Examples of Class C felonies in North Dakota include crimes such as:

• Felony Theft
• Non-violent and unarmed burglary
• Forgery
• Third-offense DWI
• Tampering with physical evidence.

Penalties and Sentencing for Class C (Third-Degree) Felonies in North Dakota

Despite their lower ranking, North Dakota's Class C felonies are serious crimes that may result in harsh penalties. A conviction for any felony offense may result in a lengthy prison sentence and substantial fines. Under § 12.1-32-01 of the North Dakota Century Code, a Class C felony offense may result in up to 5 years imprisonment in a state penitentiary, in addition to fines of up to $10,000.00.

However, sentencing is not uniform, and the courts do not apply a one-size-fits-all method. Depending on the nature of the offense, mitigating factors (if any), and the offender’s criminal history, a judge may impose probation rather than send the defendant to prison. Additionally, the court may prioritize rehabilitation instead of incarceration and suspend the sentence or defer adjudication if the crime and the offender are eligible.

Will You Go to Jail for a Third-Degree Felony in North Dakota?

Yes, a prison term is a possibility for a Class C felony in North Dakota. Per § 12.1-32-01 of the North Dakota Century Code, a Class C felony conviction can result in imprisonment of up to 5 years. However, under North Dakota Century Code § 12.1-32-02(4), eligible non-violent first-time offenders may avoid third-degree felony jail time through probation or deferred imposition of sentence if they plead guilty or no contest and comply with court-imposed conditions.

How Long Does a Third-Degree Felony Stay on Your Record?

A Class C (third-degree) felony conviction in North Dakota stays permanently on the offender's record. In North Dakota, Class C felonies are serious crimes. Unless the associated charges do not result in convictions, or the court seals or expunges them, they remain a permanent part of the offender’s criminal history. North Dakota's adult felony records are public, and access to these documents may have consequences that go beyond prison terms and fines. Publicly accessible criminal records are visible through background checks and may affect job opportunities, professional licensing, social status, and housing options. A felony conviction in North Dakota will result in the temporary loss of civil rights, including the right to possess firearms or vote. However, the court may remove certain non-violent Class C felony records if their owners stay law-abiding and fulfill the eligibility criteria.

Can a Third-Degree Felony Be Sealed or Expunged in North Dakota?

Yes, convicts of certain Class C felonies in North Dakota may be eligible for the sealing or expunction of their records. Individuals who fulfill the qualifying conditions may petition for the sealing or expunction of their criminal records, including Class C felony records.

In North Dakota, sealing and expunction achieve the same purpose; they hide the information from the public by making it inaccessible through background checks or public record requests. Typically, sealing a record removes it from public databases but does not destroy the document. While sealed records are not open to public scrutiny, they remain accessible to law enforcement, the courts, and some licensing agencies. In contrast, expunging a felony record destroys the document, and the felon can legally claim that the conviction never happened.

Under North Dakota Century Code § 12-60.1-02 and § 12-60.1-03, an individual can petition for the sealing or expungement of their record under certain conditions.

Sealing of a North Dakota Class C felony record

North Dakota may permit the sealing of a felony record if the offense is non-violent, non-sexual, not a crime against children, and the sealing serves the interests of justice. Additionally, the offender must:

• Complete the sentence for the crime
• Observe at least a 3-year waiting period after completing the sentence for the offense
• Have no subsequent convictions.

Expungement of a North Dakota Class C felony record

Unlike sealing, expungement of criminal records in North Dakota is more limited. However, a felony record may qualify for expunction if:

• The charges result in dismissal or acquittal
• The felon receives a pardon
• Prosecutors did not file charges against the suspect.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In North Dakota, first, second, and third-degree felonies correspond to Class AA, Classes A and B, and Class C felonies. Under this classification system, Class A felonies are the most serious crimes, while Class C felonies are the least.

Class AA felonies (first-degree)

In North Dakota, Class AA felonies refer to the most violent crimes. This group contains crimes that often result in serious injuries or deaths, and they carry the most severe penalties. A Class AA felony in North Dakota may result in life imprisonment without parole. Additionally, although not statutory, the court may impose fines and restitution depending on the case type. Offenses within North Dakota's Class AA felony group include:

• Murder
• Gross sexual imposition involving serious harm to minors
• Certain acts of terrorism or aggravated kidnapping.

Class A and B felonies (second-degree)

Crimes within North Dakota's Class A and Class B felony categories are comparable in severity and punishment to second-degree felonies. Crimes in these groups are not as severe as those in Class A. Nonetheless, they are serious crimes whose penalties may range from 10 to 20 years imprisonment; in addition, the court may impose fines of up to $20,000.00. Offenses in the Class A and Class B felony classes in North Dakota include:

Class A felonies

• Attempted murder
• Kidnapping (without aggravating factors)
• Sexual assault involving force or threat
• Robbery with a weapon
• Arson of an occupied structure

Class B felonies

• Burglary of a dwelling
• Aggravated assault
• Theft of property or services worth over $1,000.00 but less than $10,000.00
• Distribution or manufacturing of certain amounts of controlled substances
• Violent escape from custody.

Class C felonies (third-degree)

Class C felonies are the lowest-ranked class under North Dakota's felony classification. Nevertheless, this group refers to serious crimes that can result in long-term imprisonment and substantial fines. A Class C felony conviction in North Dakota may result in up to a 5-year prison term. Additionally, the fine for a Class C felony in North Dakota may range up to $10,000.00. Examples of Class C felonies in North Dakota include:

• Forgery
• Felony theft
• Tampering with physical evidence
• Third-offense DWI.

How to Look Up Third-Degree Felony Records in North Dakota

North Dakota felony records may be accessible online or through custodian agencies. These may be available online through official or third-party repositories. Individuals seeking online access to North Dakota's Class C felony records as part of criminal case files should use the North Dakota Courts Criminal Case Records Search Portal. Access to records through this option is free, but requires case numbers, the names of the subjects, and other criteria. Alternatively, requesters should identify the county court responsible for the specific case trial, mail or visit the clerk's office, or search for the case information through their online case search portal.

As an alternative, eligible entities can request comprehensive criminal background checks through the North Dakota Bureau of Criminal Investigation (BC I). The BCI is the central repository for criminal records in North Dakota, including those on Class C felony convictions.

Interested individuals can also search for North Dakota's felony records online through third-party websites. These private platforms are alternatives to government repositories. Nonetheless, records seekers should verify documents and information they source from non-government databases.

Requesters should note that juvenile and sealed records are not publicly disclosable.

Probation and Parole for Class C (Third-Degree) Felony Offenders

In North Dakota, a convict of a Class C felony may be eligible for probation or parole depending on the nature of the offense and the offender's criminal history. The court may prioritize probation for an eligible Class C felony if it is in the interest of justice and the offender’s rehabilitation. Probation allows offenders to serve their sentences under strict court-imposed conditions within the community rather than incarceration. A judge may impose probation during sentencing for offenses that do not have mandatory prison terms or relate to:

• Domestic violence
• Sex offender’s record
• Firearms, explosives, dangerous weapons, and incendiary devices.

Parole is the early release of inmates before they complete their prison terms. Eligibility for parole in North Dakota depends on the length of the prison sentence, the nature of the offense, and compliance with Department of Corrections and Rehabilitation (DOCR) policies. Unlike probation, an offender must serve part of their prison term to qualify for parole.

Per § 12-59-05 of the North Dakota Century Code, an inmate serving a fixed prison term becomes eligible for parole after serving at least 25% of their sentence, unless otherwise restricted by law. However, this does not include sexual offenses, repeat offenders, and certain violent crimes. Additionally, eligibility does not automatically guarantee parole. The North Dakota Parole Board reviews each case individually, considering the inmate's behavior and likelihood of rehabilitation before granting parole.