What Is a Class F (Third-Degree) Felony in North Carolina?

North Carolina uses a letter-based felony classification system and does not categorize felonies by degree format. The classes of felonies in North Carolina range from Class A (the most serious crimes) through Class I (the least severe).

However, based on the severity of crimes and their penalties under Chapter 14 of North Carolina's General Statutes, third-degree felonies refer to crimes within the Class F and Class G categories. Despite their low rankings, offenses in these classes are serious crimes that may result in long-term prison terms, significant fines, and consequences that can extend beyond the initial penalties. For instance, the associated criminal record from a felony conviction in North Carolina can impact job opportunities, personal relationships, and civil rights. Additionally, these records are permanent (unless expunged) and can be referenced for sentencing purposes in the event of future criminal actions.

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

While North Carolina does not use the degree system to categorize felonies, crimes within its Class F and Class G felony groups compare in severity to third-degree felonies in other states. Although less severe than crimes in higher felony categories, offenses in these categories are serious and carry harsh penalties, including imprisonment and significant fines. These types of crimes may involve bodily harm, weapons, or certain property crimes.

Offenses in the Class F and Class G felony groups include:

Class F felonies

• Involuntary manslaughter
• Burning of non-residential buildings
• Extortion
• Promoting prostitution

Class G felonies

• Possession of firearms by a felon
• Second-degree burglary
• Common law robbery
• Habitual impaired driving.

Penalties and Sentencing for Third-Degree Felonies in North Carolina

North Carolina does not apply a one-size-fits-all penalty for felonies. Under the state's Structured Sentencing Act, the penalties for felonies (including Classes F and G) depend on the class of the felony and the offender's Prior Record Level. The Sentencing Act expresses the sentence for a felony as a range of minimum and maximum months of active imprisonment. For instance, the prison terms for a Class F felony may range from 10 to 41 months. Likewise, a Class G felony conviction may result in 8 to 3 months active imprisonment. However, for first-time offenders, the law allows a presumptive sentencing range of 13 to 16 months for Class F felonies and 10 to 13 months for Class G. In addition to prison terms, the courts may impose discretionary fines or order the offenders to make restitution for damages and injuries resulting from their crimes.

As alternatives, judges in North Carolina may impose probation instead of sending the defendant to prison or Deferred Prosecution and Conditional Discharge, where the charges may result in dismissal if the offender complies with court-imposed conditions or completes certain rehabilitation programs.

Will You Go to Jail for a Class F (Third-Degree) Felony in North Carolina?

Yes, a third-degree felony jail time is a possibility for a Class F or Class G felony in North Carolina, but it is not mandatory for all offenses within these categories. In North Carolina, a judge determines the penalties for a felony using a Structured Sentencing grid, which cross-references the felony class with the offender’s prior record level. However, the court may prioritize rehabilitating the offender over incarceration and impose intermediate punishment, which may include probation under strict conditions such as house arrest, electronic monitoring, and community service.

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

A Class F or G felony conviction in North Carolina may stay permanently on a record. Criminal conviction records do not automatically disappear after a certain number of years. In North Carolina and across the United States, conviction records are permanent unless they are expunged.

Typically, criminal records are public in North Carolina. Hence, interested individuals can access these documents if there are no restrictive legislations or judicial orders. However, access to North Carolina's Class F and Class G felonies does not include juvenile records.

Public availability of North Carolina's felony records (including Class F and G felonies) may impact their owners beyond the traditional penalties. For instance, a criminal conviction may deny an individual a good job, professional licensing, certain civil rights, or result in social stigma.

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

Yes, it is possible to expunge certain third-degree (Class F and Class G) felony records in North Carolina. Expunging criminal records in North Carolina depends on the specific circumstances surrounding the crimes. Section 15A-146(a4) of the North Carolina General Statutes mandates automatic expunction for records of criminal charges that do not result in convictions. Additionally, a Class F or G felony record may qualify for expungement if:

• It is for a non-violent crime, such as obtaining property by pretense or possession with intent to sell controlled substances.
• The offender observes a 10-year waiting period from the date of conviction or completing the sentence (whichever is later)
• The individual does not have subsequent criminal convictions (felony or misdemeanor) other than minor traffic offenses.

Unlike some states, expungement of criminal records in North Carolina does not destroy these documents. Rather, it seals and makes them inaccessible to the public. However, they remain accessible to the courts and law enforcement agencies for limited purposes.

North Carolina's system expunges criminal records, which is a process similar to sealing. However, the state does not operate a general system that seals felony records in the same way some other jurisdictions do. Sealing a criminal record makes it inaccessible through public record requests and most background checks, but the system retains the records for law enforcement, the courts, and other authorized government agencies.

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

In North Carolina, felony classification follows a structured sentencing grid that groups felonies into nine classes, from Class A to Class I. Under this system, first-degree felonies are equivalent to felony Classes A and B1, second-degree felonies range from Class B2 to Class E, and third-degree felonies are comparable to Class F and Class G felonies.

First-degree felonies (Class A and Class B1) - These groups of felonies are the most serious crimes under North Carolina's penal system. Offenses in these classes are punishable by long prison sentences, life imprisonment, or the death penalty. Class A and Class B1 felonies contain crimes such as:

Class A felonies

• First-degree murder
• Use of weapons of mass destruction resulting in death

Class B1 felonies

• First-degree rape
• Aggravated offenses related to the unlawful use of a weapon of mass destruction

Second-degree felonies (Classes B2, C, D, and E) - In North Carolina, second-degree felonies are comparable to crimes in Class B2, Class C, Class D, and Class E felonies. These groups of felonies are also serious crimes, but not at the same level as Class A and Class B1 felonies. The punishment for crimes in this group ranges from 192 to 483 months for Class B2, 44 months to 231 months for Class C, 38 to 204 months for Class D, and between 20 and 88 months for Class E. Offenses that are equivalent to second-degree felonies include:

Class B2

• Second-Degree Murder (reckless with extreme indifference to human life but without premeditation)
• Aggravated death by distribution of a controlled substance (causing death by malicious distribution of a controlled substance)

Class C

• First-degree kidnapping
• Second-degree forcible rape

Class D

• Robbery with a dangerous weapon
• Voluntary manslaughter

Third-degree felonies (Class F and Class G) - Under North Carolina felony classifications, third-degree felonies roughly correspond to crimes in Class F and Class G felony categories. The offenses are serious, but less violent or harmful than those in the classes preceding them. The penalties for crimes in these groups include imprisonment that ranges between 10 and 52 months for Class F felonies, and from 8 to 39 months for Class G felonies. Examples of crimes in the Class F and Class G felony categories are:

Class F

• Assault inflicting serious bodily injury
• Habitual impaired driving

Class G

• Common law robbery
• Possession of a firearm by a felon.

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

There are several ways to search for felony records in North Carolina. Individuals seeking access to Class F or G felony records in North Carolina should visit the North Carolina Judicial Branch's Smart Search Portal and access these records by name or case numbers. Accessing records through this option is free for basic information. For more comprehensive documents or access to records that are not accessible online, contact the clerk’s office in the county where the case occurred or visit the courthouses and use their public access terminals to search by name.

North Carolina's felony records are also accessible as part of criminal records. Eligible individuals can access Class F and Class G felonies through the North Carolina State Bureau of Investigation (SBI) Criminal Background Checks. For $14.00 or $18.00, interested persons can request copies of their personal criminal history records, and between $0.00 and $25.00 for employment, licensing, or volunteer background checks.

Individuals can also search for North Carolina felony records through some third-party websites. Some private online platforms aggregate criminal trial documents from courts across North Carolina and make them available to interested individuals for fees. Notwithstanding, information should be cautious when using unofficial platforms to source documents.

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

In North Carolina, the court may impose probation for a Class F or G felony under certain conditions. The law allows judges to impose probation for a non-violent, first-time crime if the offender does not have an extensive criminal history. Judges also consider the harm the crimes caused the victims and the likelihood of the offender's rehabilitation. Under these circumstances, the court may permit a suspended sentence with probation rather than immediate prison time.

Parole refers to the early release of convicts before they complete their prison terms. In North Carolina, parole applies only to life sentences imposed before October 1, 1994, under the former North Carolina Fair Sentencing Act (FSA). These offenders must serve at least 25% of their prison sentences. However, for crimes committed after October 1, 1994, the state eliminated parole, so offenders must serve 100% of their active prison sentences.