What Is a Class 3 (Third-Degree) Felony in Illinois?

Under Illinois law, a Class 3 felony would be equivalent to a Class 3 felony offense. According to Illinois law, Class 3 felonies are serious crimes that carry a sentence of up to 5 years in prison. Illinois does not generally classify felonies based on degree. Instead, it uses a 5-tier class system based on severity. Felonies in Illinois are classified as X, 1, 2, 3, and 4, with X being the most serious felonies and four being the least serious. Offenses that carry life sentences are treated separately; these are the most serious offenses under the law and include “natural life” sentences, where the offender must remain imprisoned with no chance of release.

Under 730 ILCS 5/5-4.5-40, Class 3 felonies, although a lower tier of felony, still incur penalties of between 2 and 5 years. Sentencing for Class 3 felonies may also be extended up to 10 years, based on factors affecting the case, such as the type of crime and the offender’s prior criminal record.

Common Offenses That Fall Under Class 3 (Third-Degree) Charges

Class 3 felonies in Illinois encompass a wide range of offenses, ranging from minor infractions to more serious crimes. These are typically property crimes of significant value and offenses that impact public safety without resulting in serious injuries or death. Although sentences may not be as long as those in more serious classes, a Class 3 conviction can still result in lengthy prison time, fines, and other long-term consequences. More detailed information on these types of crimes may be available in online Criminal Records.

Some common offenses considered Class 3 felonies in Illinois include the following:

• Forgery
• Aggravated battery
• Theft between $300 and $500
• DUI Third Offense
• Perjury

Penalties and Sentencing for Class 3 Felonies in Illinois

Under 730 ILCS 5/5-4.5-40, the penalties for Class 3 felonies are 2 to 5 years imprisonment and a fine of up to $25,000. However, sentencing does not remain the same for all cases of a class 3 felony. Judges are allowed to sentence Class 3 felony offenders to an extended term of 5 to 10 years in prison if any aggravating factors listed in 730 ILCS 5/5-5-3.2 exist in the case. These factors include violent behavior, prior criminal history, and the crime was against a vulnerable or disabled victim.

Class 3 felony offenders may also be eligible for deferral programs, including probation, deferred prosecution, and conditional discharge. These programs are usually county-specific and allow first-time, non-violent offenders to serve their sentence under supervision in the community with strict conditions.

Will You Go to Jail for a Class 3 Felony in Illinois?

Jail time is a real possibility after conviction for a Class 3 felony. Class 3 felony jail time, which is the Illinois equivalent of a third-degree felony, carries a sentence of between 2 and 5 years. Where there are aggravating factors such as violence, repeat offenses, and serious harm to victims, the court may impose an extended sentence of 5 to 10 years in prison and an additional fine of up to $25,000.

However, not every conviction leads to incarceration or prison time. In some cases, judges may impose probation or deferral programs, such as conditional sentencing, on the defendant instead of prison. This sentence usually depends on the specifics of the case, such as whether the defendant is a first-time or non-violent offender and their previous criminal record.

How Long Does a Class 3 Felony Stay on Your Record?

A conviction for a Class Felony in Illinois will remain on an individual’s record permanently unless steps are taken to remove it. As felonies are considered public information, they can be accessed by the general public, including prospective landlords and employers. Two processes exist in Illinois to remove felony records, called sealing and expungement. If not removed, the felony will continue to appear in court records and background checks as a reminder of the conviction.

A permanent criminal record in Illinois has long-term effects that affect felons long after they have completed their sentences. If not expunged, a sentence may affect the felon’s civil rights, including the right to bear arms, voting rights, and eligibility for government benefits, and specific professional licenses.

Can a Class 3 Felony Be Sealed or Expunged in Illinois?

Illinois law allows for certain Class 3 felony records to be removed from an individual’s record via processes known as sealing and expungement. Record sealing does not completely erase records, but rather removes them from public view, although law enforcement may still access them.

Criteria to be eligible for sealing include:

• The offense must not be banned from sealing, such as violent, sexual, or serious drug-related offenses.
• Completing the full sentence, including any probation or parole
• Maintain a clean record during the required waiting period, usually 3 years, before applying for sealing.

Expungement, on the other hand, completely removes the record from public access and law enforcement databases as if it never happened. However, in Illinois, felony convictions rarely qualify for expungement and are extremely difficult to expunge where they do. This process is generally limited to the following cases:

• Cases where the defendant was acquitted at trial.
• Cases where no charges were filed or the charges were dismissed.
• Cases where the defendant completed a diversion or supervision program.

How Class 3 (Third-Degree) Felonies Compare to Class 1 and Class 2 Felonies

Felonies in Illinois are divided into five main classes: Classes 1 through 4 and Class X. The higher the number, the less severe the felony and its associated punishments. Class 1 being the most serious and Class 4 being the least severe. Classes 1 and 2 are the most severe offenses involving violence, serious injury, weapon use, and serious financial damage. Examples of Class 1 felonies include residential burglary and criminal sexual assault, while examples of Class 2 include arson and assault with a weapon. Class 3 felonies are in the middle of the scale, representing serious but less violent offenses. Examples include forgery and felony theft.

Under Illinois law, the presence of aggravating factors such as violence may lead to extended sentences much longer than the standard prison time.

How to Look Up Class 3 Felony Records in Illinois

Record seekers have several options to look up Class C felony records in Illinois. The most reliable methods are through the state’s official court and law enforcement channels. Criminal records are generally public information; however, some records may be exempt or otherwise restricted from public access. Juvenile records, sealed, expunged, and certain personal information will not be found in most search results.

Class C felony records can be found using the following methods:
The Illinois Courts Public Access System is a remote viewing platform for court records in the state. Record seekers are required to create an account on the platform to use its search facilities. Searches can be conducted using criteria such as names and case numbers, and basic information is available on the site at no cost.

Records may also be obtained from the County Circuit Court Clerk in the courthouse where the case was heard. Record seekers will be able to make requests in person at the clerk's office. While viewing the record may be free, printed or certified copies will require a copy fee.

The Illinois State Police offers visitors a Criminal History Record Information (CHRI) request service through its Access and Review program. This process provides an official background check; however, the record seekers will be charged for fingerprinting services and a processing fee.
Record seekers may also find felony case records using third-party record websites. Although quite convenient, records provided on these sites may not be accurate or current.

Probation and Parole for Class 3 Felony Offenders

A defendant convicted of a Class 3 felony in Illinois may be eligible for probation or parole, depending on several factors. These factors include their criminal history and the nature of the crime they committed. Judges in Illinois are permitted by law to sentence Class 3 offenders to probation, particularly if they are non-violent, first-time offenders. Probation lasts for years and allows the offender to serve their sentence in the community under strict conditions imposed by the court, such as counselling, treatment, paying restitution, and community service.

For offenders convicted in Illinois, they may be eligible for parole or Mandatory Supervised Release(MSR). This makes the offender eligible for release after serving a portion of their sentence. This ranges from 50% to 85% of the whole sentence, depending on the type of offense and other factors, including the defendant's behavior and other requirements set by the Department of Corrections. After release, the defendant remains under supervision for about a year for Class 3 felony offenders.