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

In many jurisdictions, third-degree felonies are the lowest level of felonies, carrying the shortest imprisonment ranges on the felony sentencing scale. While Oregon does not use the “degree” classification system, it has a different grading system that divides felonies into Classes A, B, C, and Unclassified.

A third-degree felony in other states would most closely correspond to a Class C felony in Oregon, which carries an imprisonment term of up to 5 years and fines up to $125,000.

While C felonies are typically less severe than other classes, they are still serious criminal offenses with potential long-term consequences, including a permanent criminal record, loss of gun rights, and barriers to employment or housing.

Common Offenses That Fall Under Third-Degree Felony Charges

Class C felonies—Oregon's third-degree felony equivalent—typically constitute the following types of crimes:

• Theft in the First Degree
• Assault in the Third Degree
• Tampering with Physical Evidence
• Forgery in the Second Degree
• Possession of a Controlled Substance

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

In Oregon, third-degree felonies carry a maximum sentence of up to 5 years in state prison, along with fines of up to $125,000. However, convictions do not always result in jail time; the applicable penalty may vary depending on the nature of the crime, the defendant’s criminal history, and the presence or absence of aggravating or mitigating circumstances.

A first-time offender may receive probation or a suspended sentence, while repeat offenders risk the maximum penalty within the class range. Judges also consider the presence of violence or intent to cause harm, the defendant's level of remorse, and the degree of cooperation during the trial.

In addition to imprisonment and fines, convicted individuals may face community service, restitution payments, probation, or deferred adjudication, as deemed appropriate by the court.

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

• The seriousness of the offense
• The offender's previous criminal record
• Participation in Rehabilitation programs
• 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.

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

Yes, third-degree felony jail time is a real possibility in Oregon. Offenses that fall under Class C felonies may carry a jail term of up to five years in a state penitentiary, as specified in ORS § 161.605(3). However, the exact sentence depends on factors like the severity of the offense, the defendant’s criminal history, and any plea agreements. Some individuals may qualify for probation, suspended sentences, or community service instead of incarceration, especially for non-violent or first-time offenses. Ultimately, sentencing decisions are made by the court on a case-by-case basis.

Furthermore, depending on the offense and its surrounding circumstances, the court may dismiss the charges for a Class C felony in Oregon if a defendant completes any of the following:

• Pretrial Diversion (PTD)
• Drug Courts Program
• Mental Health Court
• Community Corrections & Institutional Diversion
• Court-Ordered Rehabilitation Programs
• Veterans Treatment Courts.

How Long Does a Class C (Third-Degree) Felony Stay on Your Record?

In Oregon, a third-degree felony, classified as a Class C felony under ORS § 161.605(3), typically remains on an individual’s criminal record indefinitely unless it is set aside pursuant to ORS § 137.225. Even after completion of incarceration, probation, or payment of fines, the conviction typically remains on background checks conducted by employers, landlords, and licensing authorities. Individuals who meet statutory eligibility requirements and maintain a clean record for the prescribed period may petition the court for expungement or set-aside relief.

Until that happens, the felony remains visible in public court databases and law enforcement records.

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

Yes, Oregon allows certain Class C felonies to be set aside or expunged under specific conditions. However, Oregon law does not use the term “sealed record”. Instead, the process is known as a set-aside, governed by ORS § 137.225. When a conviction is set aside, it is legally treated as if it never occurred, and the record is removed from public view.

To qualify for expungement, individuals typically must have:

• Completed all terms of their sentence
• Paid restitution
• Remained conviction-free for a required waiting period, usually five years, for Class C felonies.

Certain offenses, including violent crimes, sex crimes, and those involving child victims, are not eligible.

If the case resulted in dismissal, acquittal, or deferred adjudication, it can generally be expunged immediately. Actual felony convictions are more challenging to set aside, but not always impossible, particularly for non-violent or low-level offenses. A record that has been expunged successfully can help restore employment, housing, and civil rights opportunities.

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

Although Oregon does not use a degree classification system, its Classes A and B felonies, by comparison, correspond more closely with the first- and second-degree felonies of other jurisdictions in terms of punishment. These offenses are at the top of the punishment scale, attracting some of the most severe penalties available under the state's criminal justice system.

• Class A felonies include the most severe crimes, such as first-degree murder, first-degree rape, Kidnapping, or other crimes causing death or extreme harm. These offenses typically result in lengthy prison sentences, up to 20 years of imprisonment.
• Class B (Second-degree) felonies sit between Class A and C. They are also serious crimes but are less severe than first-degree offenses. Examples include second-degree assault, first-degree burglary, and typically any crime that involves reckless behavior, bodily harm, or use of force without the intent to kill. The punishment for a second-degree felony generally ranges from 2 to 20 years in prison, with possible fines and probation restrictions depending on the case.

• Class C (third-degree) felonies are the lowest level of felony offenses. Although less severe, they remain criminal acts that can result in imprisonment, fines, and a permanent criminal record. The penalty for a third-degree felony generally is up to 5 years in prison, depending on the offense. Crimes classified as third-degree felonies often involve property damage, nonviolent offenses, or repeat conduct which include: Felony theft, Drug possession (repeat offense), Forgery, and Second-degree burglary.

• Unclassified offenses: There's also a fourth felony category known as the unclassified offenses. This class of offenses sits above the Class A felonies in Oregon’s punishment hierarchy scheme. This is because they carry special or more severe penalties that go beyond the normal 20-year cap, which may be anywhere from twenty years to life, or the death penalty.

Note: Executions have been on hold since 2011 due to a gubernatorial moratorium. Although the death penalty is part of Oregon law, no executions have been carried out for over a decade, and there is a moratorium on the practice

How to Look Up Third-Degree Felony Records in Oregon

Individuals seeking to verify whether they or someone else has a third-degree felony record in Oregon can access several official state databases. They Include:

• Oregon Judicial Department’s case search / eCourt / OECI portals: This is the most reliable and widely used resource available through the Oregon eCourt Case Information Network (OECI) via the website. This system allows users to search for criminal cases by name, case number, or county. While some case summaries are free, detailed docket access may require a subscription or a small search fee.
• County Circuit Court Clerk: For those who prefer in-person verification, the Clerk of the Circuit Court in the county where the case was filed can provide certified copies of felony case records. These requests may involve nominal copy or certification fees.
• Oregon State Police / CCH Records: Oregon State Police maintain CCH records, which include arrests, convictions, and other criminal history reports, but may not include set-aside or expunged records. Thus, when individuals request a criminal history check, they should expect that sealed or expunged records are not visible to most background checkers.
• Oregon Courts expungement information: Individuals seeking to verify their eligibility for record expungement or to confirm whether a conviction has been officially set aside can refer to ORS § 137.225 and ORS § 137.226. The Oregon Judicial Department (OJD) provides detailed guidance, eligibility criteria, and official court forms for expungement requests on its official expungement page.

It’s important to note that juvenile, expunged, or sealed records will not appear in public searches, as protected under ORS § 137.225.

Probation and Parole for Third-Degree Felony Offenders

Under Oregon law, individuals convicted of Class C felonies may qualify for probation rather than incarceration, particularly for nonviolent or lower-level offenses and for defendants with minimal or no prior criminal history. Under Oregon’s felony sentencing guidelines established by the Oregon Criminal Justice Commission, courts have the discretion to impose probation, a suspended sentence, or community supervision when the prescribed grid block authorizes such alternatives.

When imprisonment is ordered, Oregon law provides for post-prison supervision instead of traditional parole. This supervision period follows incarceration and is overseen by the Oregon Board of Parole and Post-Prison Supervision, in accordance with ORS § 144.096–144.108. Judges typically structure sentences so that a portion is served in custody, followed by a defined term of supervised release.

However, probation or post-prison supervision is not guaranteed. Courts consider several aggravating and mitigating factors, including the offender’s criminal record, the nature of the offense, whether a weapon was used, the level of harm inflicted, and the degree of rehabilitation shown.