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

Alabama does not use the degree terminology to classify crimes. In Alabama, third-degree felonies are Class C felonies. These are still serious crimes, but represent one of the lower tiers of felony offenses.

Section 13A-5-6 of the Alabama Code defines Class C felonies as crimes punishable by imprisonment for a term ranging from one to ten years. In addition to a prison term, potential fines can range up to $1,500.00. However, judges in Alabama take into consideration both the offender's criminal history and the presence of aggravating or mitigating factors when imposing sentences, and may impose lighter sentences for Class C felonies.

Although Class C offenses are lower ranking than Class A and Class B felonies, they may still result in permanent criminal records with life-changing consequences. A Class C felony in Alabama can curtail the owner's freedom and negatively impact finances and future opportunities.

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

In Alabama, despite the low ranking of Class C offense among other felonies, crimes in this group may result in prison terms and fines. These types of crimes include:

• Theft of Property (Value Between $1,500 and $2,500)
• Third-degree burglary
• Receiving stolen property in the second degree
• Possession of a controlled substance
• Third-offense DUI (Driving Under the Influence)
• Tampering with physical evidence.

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

The penalties for Class C felonies in Alabama include prison terms and fines. Individuals guilty of these crimes may be liable to imprisonment of 1 day to 10 years in addition to fines of up to $1,500.00.

The sentencing for Class C felonies in Alabama is not one-size-fits-all. A judge may impose lesser fines based on the circumstances of an offense and the offender's financial status. Judges may also give defendants a second chance through probation or pretrial diversion (deferred prosecution) programs for eligible offenses.

Other factors that may influence the penalty for a Class C felony in Alabama include:

• The seriousness of the offense
• The offender's previous criminal record
• Aggravating factors, such as:
  • The use of a weapon
  • Harm to a victim
  • Significant property loss
• Mitigating factors such as:
  • No previous conviction
  • Cooperation with law enforcement.

Beyond the statutory punishments, enhancement factors can upgrade the penalties for a Class C felony in Alabama. Under the Alabama Habitual Felony Offender Act (HFOA), prosecutors may elevate the charge of a Class C felony to those of Class B or even Class A felony if:

• The crime involves the use of deadly weapons or injury
• The defendant commits a Class C felony near a school or a playground.

Will You Go to Jail for a Class C (Third-Degree) Felony in Alabama?

Yes, a Class C felony in Alabama may result in an imprisonment of 1 year and 1 day to 10 years. However, Alabama provides several alternative-to-prison programs that allow offenders to avoid prison terms. For instance, the court may substitute jail time with probation if it is in the public interest. Furthermore, depending on the offense and its surrounding circumstances, the court may dismiss the charges for a Class C felony in Alabama if a defendant completes any of the following:

• Pretrial Diversion (PTD)
• Drug Courts
• Court Referral/Education Programs
• Community Corrections & Institutional Diversion
• Veterans Treatment Courts.

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

Similar to other criminal offenses, a Class C/ C/third-degree felony in Alabama may remain permanently on a record if the court does not expunge it. § 15-27-1 et seq. of the Alabama Code grants individuals the right to petition the courts to expunge certain Class C felonies. Otherwise, these records remain indefinitely on the offender’s record and are accessible to all interested individuals.

Public availability of criminal records (including Alabama's Class C felony convictions) may have far-reaching impacts on their owners. For instance, having a criminal record may negatively influence job opportunities, housing options, professional certifications, and societal status. Furthermore, serving a prison term for a Class C felony in Alabama will result in loss of voting rights while incarcerated, and the right to possess firearms (unless there is a full pardon), for non-citizens of the United States. Class C felony convictions in Alabama may result in deportation, denial of re-entry, or loss of immigration status.

Can a Class C (Third-Degree) Felony Be Sealed or Expunged in Alabama?

Yes, Alabama allows the expungement of certain Class C felonies. However, this mostly applies to non-conviction records. Expunging a felony conviction in Alabama is challenging, but possible.

Title 15, Chapter 27 of the Alabama Code allows for the expungement of eligible criminal records. This law was expanded by the Alabama Redeemer Act of 2021 to include certain non-violent Class C felonies under specific conditions. Expungement of records results in the destruction of these documents, and their owners can legally claim that they were never convicted of the specified crime.

For a Class C felony record to be eligible for expungement in Alabama, it must be a non-violent offense, and the conviction outcome must be a dismissal with prejudice, no indictment by a grand jury, or the offender must qualify for and complete a court-imposed diversion program.

Unlike expungement, Alabama does not permit the sealing of most Class C felony convictions. Sealing of records makes them inaccessible to the public.

In Alabama, a conviction record is either public or expunged, except if it is a youthful offender's record (which is automatically sealed under the Alabama Youthful Offender (YO) Act).

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

Alabama classifies felonies using the alphabet designation system. Under Alabama's classification system, first-degree, second-degree, and third-degree felonies correspond to Class A, B, and C felonies.

Based on this ranking method, Class A felonies encompass the most serious crimes under the state's criminal justice system. Excluding murder (which may result in capital punishment), the penalty for crimes under this category ranges between 10 years and life imprisonment or 99 years in prison. The penalty for a Class A felony in Alabama may also include fines of up to $60,000.00. Offenses within the Class A felony group include:

• Murder
• First-degree rape
• First-degree robbery
• First-degree kidnapping.

Class B (Second-degree) felonies in Alabama are also serious crimes. However, the penalties for this group of offenses are less severe than those of Class A felonies. A Class B felony in Alabama is punishable by imprisonment ranging from 2 to 20 years, and fines ranging up to $30,000.00. Class B offenses in Alabama include:

• First-degree manslaughter
• Assault in the first-degree
• First-degree burglary.

Class C (third-degree) felonies are the lowest level of felony offenses in Alabama. The penalties for crimes in this group are the most lenient of the felony classes. A Class C felony in Alabama may result in imprisonment for 1 year and 1 day to 10 years. Additionally, the fines for a Class C felony in Alabama may range up to $15,000.00. Class C felonies in Alabama include:

• Third-degree burglary
• Third-degree robbery
• Forgery in the second degree.

How to Look Up Class C (Third-Degree) Felony Records in Alabama

Third-degree felony records (Class C felonies) are public documents accessible to interested individuals unless they are expunged or related to juvenile or youthful offender records. Similar to other court records, these documents are accessible online through the Alabama Administrative Office of Courts (AOC) Just One Look Portal. For a fee of $9.99 per search, this portal provides case number and name-based access to civil and criminal case records from Alabama's District and Circuit Courts. Authorized entities can also access Class C felony records through the Alabama Law Enforcement Agency (ALEA) Criminal Background Check System. Access to criminal records through the ALEA costs $25.00 and requires fingerprints or consent from the subject of the criminal check.

Additionally, each County in Alabama maintains court records. Record seekers can mail or visit the clerk's office of the District or Circuit Court that handled the specific trial and request access to its case file. Requests submitted through clerk's offices require government-issued photo IDs, and copying and certification fees may be applicable.

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

Alabama offers probation and parole for eligible Class C felonies. In Alabama, a judge may impose probation on a defendant instead of a prison term for non-violent crimes, first-time offenders (individuals without previous felony convictions), and those who show potential for rehabilitation. Typically, the probation period for a Class C felony in Alabama ranges from one to five years. During this period, the defendant must follow strict conditions, such as:

• Regular check-ins with a probation officer
• Avoiding further arrests or substance use
• Completing community service or a treatment program.

An individual serving a prison term for a Class C felony in Alabama may be eligible for parole under certain circumstances. The Alabama Board of Pardons and Paroles may grant parole to an eligible inmate who has served one-third or 10 years of their prison term (whichever comes first). However, parole is not automatic in Alabama. Beyond eligibility, the Alabama Board of Pardons and Paroles considers factors such as:

• The convict's behavior in prison
• Victims inputs
• Rehabilitation efforts.