What Is a Low-Level (Third-Degree) Felony in California?

California does not label felonies using degree designations. Although, like most states, it classifies crimes into felonies, misdemeanors, and infractions, the state uses a sentencing-based system that ranks felonies based on the nature and severity of crimes and their statutory penalties under the California Penal Code.

Under California's classification, third-degree felonies are lower-level offenses that can result in imprisonment of 16 months to 3 years if they are non-violent. Notwithstanding the low ranking, crimes in this category are serious and may have far-reaching consequences.

Under California penal laws, some third-degree felonies are “wobblers” and can be elevated to more serious charges based on the nature of the crime, the surrounding circumstances, and the offender’s criminal history. This may result in lengthier prison terms and higher fines.

Common Offenses That Fall Under Low-Level (Third-Degree) Felony Felony Charges

Third-degree felonies in California refer to low-level criminal offenses. These offenses are wobblers that can be tried as felonies or misdemeanors depending on the surrounding circumstances, the type of crime, and the offender's criminal history.

Felonies within the third-degree category in California are mostly non-violent or repeat offenses that result in moderate financial harm. These types of crimes include:

• Felony theft (grand theft)
• Forgery
• Second-degree burglary
• Possession of a controlled substance for sale
• Vehicular manslaughter.

Penalties and Sentencing for Third-Degree Felonies in California

In California, third-degree felonies are classified as lower-level felonies or wobblers. These are non-violent offenses whose penalties depend on the specific statute, the offender's criminal history, and the presence of mitigating or aggravating factors. Typically, the sentencing for lower-level felonies in California ranges between 16 months and 3 years, but may extend up to 4 years for crimes such as burglary and drug possession. The penalty for a lower-level felony in California may also include fines of up to $10,000.00, according to § 672 of the California Penal Code.

In California, a judge may impose probation instead of imprisonment for first-time offenders. Additionally, under § 1000 of the California Penal Code, a judge may grant Deferred Entry of Judgment (DEJ) for first-time non-violent offenses. For example, being under the influence of a controlled substance, possession of drug paraphernalia, and unauthorized prescription drug possession.

Under California's DEJ, the court delays judgment, allowing the defendant to participate in rehabilitation programs. Completing Deferred Entry of Judgment programs may result in dismissal of charges.

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

Yes, a third-degree or low-level felony in California may result in a prison term. Although most low-level felonies or wobblers in California are non-violent, their penalties include prison terms that may range up to 4 years. A low-level felony in California may result in a prison term if:

• The crime is not eligible for probation
• The offender has a criminal history
• The offense involves aggravating factors
• The crime is a wobbler, which may elevate the charges
• The court revokes probation.

However, judges are flexible and may impose probation or Deferred Entry in Judgment for eligible offenses instead of incarceration. Offenders may avoid third-degree felony jail time after completing probation or DEJ programs.

How Long Does a Low-Level (Third-Degree) Felony Stay on Your Record?

A third-degree or low-level felony conviction in California may remain on the offender's record indefinitely. Similar to other parts of the United States, criminal records are permanent and will not automatically vanish without court intervention.

However, §1203.4 of the California Penal Code allows individuals who complete probation for eligible criminal offenses to petition for the expunction of their records. If their petition is successful, the court will dismiss the charges against them, set aside their criminal records, and they will no longer have the conviction on their records.

The permanent nature of criminal records often creates long-term negative consequences for their owners. For example, in California, a low-level felony (or "wobbler") can damage an individual's job prospects, housing options, and social standing.

Can a Low-Level (Third-Degree) Felony Be Sealed or Expunged in California?

Yes, eligible third-degree or low-level felonies in California are sealable and expungeable. Sealing and expungement of criminal records are two distinct legal processes with different outcomes.

Expungement is a post-conviction relief that courts grant to offenders who complete probation or serve their sentences for their crimes. If a California court grants expungement for an eligible individual, it will set aside the conviction in the interest of justice. The individual can legally claim that there was never a conviction. However, this process does not erase the records, as they are accessible to law enforcement, the courts, and certain government agencies.

Under California Penal Code §1203.4, individuals can petition the courts to expunge their criminal records if they meet eligibility requirements.

In California, a low-level felony may be expungeable if:

• The offender completes probation or serves the prison term in a county jail
• The conviction is not a state prison sentence
• The crime is non-violent and not sex-related.

A low-level felony in California may be eligible for expungement if it is non-violent and the offender qualifies for probation.

Sealing of low-level felony records in California applies to arrestees whose charges were dismissed, acquitted, or not prosecuted. This process hides records from the public; they will not be accessible through background checks, as they do not legally exist.

Individuals whose low-level felony records may be eligible for sealing include:

• Persons arrested but not convicted
• An offender who completed diversion programs
• Individuals with charges that were dismissed due to the statute of limitations.

How Low-Level (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

California does not tag felonies using the degree class system. The state groups felony crimes based on their severity and sentencing range. By comparison, the groups of felonies in California comparable to first, second, and third-degree felonies in states using the degree system are:

• Capital or life felonies (first-degree)
• Serious or high-level felonies (second-degree)
• Low-level or “wobbler” felonies (third-degree).

Capital or Life Felonies

In California, capital or life felony refers to some of the most vicious crimes under the state's Penal Code. The sentencing for some crimes under this category ranges from 25 years to life imprisonment with or without parole, or the death penalty. Crime under the capital or life felony group includes:

• Capital murder
• Kidnapping for ransom or extortion
• Rape of a child under 10 years old
• Aggravated mayhem
• Attempted murder of a peace officer or firefighter.

Serious Felony

California's serious felony group refers to crimes that involve significant violence, a threat to life, and serious harm to victims. These offenses are punishable by imprisonment of 2 to 11 years in state penitentiaries. Examples of serious felonies in California include:

• Murder
• Rape
• Robbery
• Kidnapping
• arson resulting in injury or property damage.

Low-level Felonies or Wobblers

Low-level felonies in California are offenses that can be charged as felonies or misdemeanors. In California, low-level felonies are mostly non-violent crimes punishable by 16 months to 3 years in county jails. Offenses considered as low-level felonies in California include:

• Forgery
• Grand theft
• Receiving stolen property
• Commercial burglary in the second degree
• Identity theft.

How to Look Up Third-Degree Felony Records in California

California offers several options for accessing its third-degree or low-level felony records. Individuals seeking online access to low-level felony records should identify the court that handled the specific felony case, visit their website, and search for the records through online search portals. Information about California Superior Courts is accessible through the Judicial Branch of California's Find Your Court webpage. Record seekers can also mail or visit the clerk's offices of the Superior Court to access their felony records.

The California Department of Justice also provides statewide criminal history background checks for eligible requesters. Access to a California low-level felony record through background checks requires Live Scan fingerprints and written consent of the subject or a court order.

Record seekers can also search for summary-level criminal record information about California's low-level felony records through third-party websites.

Record seekers should note that low-level felony records relating to minors are not publicly accessible.

Probation and Parole for Low-Level (Third-Degree) Felony Offenders

Depending on the circumstances of the offense, a low-level felony may be eligible for probation or parole in California. Probation and parole in California are designed to reintegrate offenders into society.

In California, individuals charged with low-level felonies may qualify for probation if they accept responsibility for their crimes and the judges determine they are not a risk to society.

A person under parole is required to comply with court-imposed conditions, which may include:

• Community service
• Counseling
• Restitution
• Regular check-ins with a probation officer.

After probation for a low-level felony (this may typically last between 1 and 5 years):

• The court will officially close the case, and the offender no longer has to report to a probation officer
• The record may qualify for expungement
• The offender can request a reduction of the charges to a misdemeanor if the low-level felony is a wobbler.
• The offender regains the right to vote and apply for certain professional licenses.

However, even after probation and dismissal, the offense record will still exist in court archives and DOJ databases unless the owner successfully petitions the court to seal or expunge it.

Under California laws, low-level felony convicts may be eligible for parole after serving one-half or two-thirds of the prison term for crimes (depending on credits and good behavior). However, there is no automatic parole. The California Department of Corrections and Rehabilitation (CDCR) determines the inmates who qualify for early release.