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

The severity of felonies in Virginia is not indicated by “degree”. Instead, felonies are categorized by class, with Class 1 being the most severe and Class 6 being the least severe. In most states, third degree felonies are mid-level crimes, attracting serious but not the most extreme punishments.

When compared with Virginia's classification, the Class 3 felony is the closest to a third-degree felony in terms of punishment. Although the applicable punishment is relatively moderate, it is still a serious offense, since offenders risk a five to twenty year imprisonment term, and a fine of $100,000 under Virginia Code § 18.2-10. Furthermore, aggravating factors like prior convictions and violent conduct can increase the severity of punishment.

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

Although Virginia does not officially use the degree designation, its Class 3 felony offenses most closely correspond to a third-degree felony. These are mid-level crimes that may attract significant prison term but are not serious enough to attract an imprisonment term that is more than twenty years, life imprisonment, or the death penalty.

Below are examples of these types of crimes:

• Malicious Wounding (Virginia Code § 18.2-51)
• Burglary with Intent to Commit a Felony (Virginia Code § 18.2-90)
• Forgery or Fraud Schemes (Virginia Code § 18.2-168)
• Shooting at an Occupied Vehicle or Building (Virginia Code § 18.2-279)
• Repeated Drug Distribution Offenses (Virginia Code § 18.2-248)

Penalties and Sentencing for Third-Degree Felonies in Virginia

Class 3 felony offenders may face anywhere from five to twenty years in prison, and a potential fine of up to $100,000. When sentencing, judges typically consider the facts of the case: whether there are any aggravating circumstances warranting a reduced sentence or additional punishment. These include violence, prior conviction, and whether the offender was armed. Certain factors can also mitigate punishment, such as cooperation with law enforcement, remorse, and lack of prior criminal conduct.

In some cases, a court may impose probation, suspended sentences, or deferred adjudication when rehabilitation seems possible and the crime is not a violent one.

Below is a simple breakdown of example Class 3 felony offenses and their sentencing ranges:

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

Class 3 felony jail time is a serious possibility in Virginia. Offenders risk anywhere from 5 to 20 years jail term and fines of up to $100,000. However, offenders do not always see the inside of a prison cell. Judges may offer probation, suspended sentences, or alternative programs, especially for first-time or non-violent offenders. Sentencing decisions depend on the circumstances of the case, including prior record, and mitigating or aggravating factors.

A trial court can also dismiss the charges for a Class 3 felony in Virginia if a defendant completes any of the following:

• A deferred disposition program under § 19.2-298.02
• Court-ordered probation: Probation is often a required term in deferred disposition & other conditional sentences under § 19.2-298.02 and § 19.2-303.6 for disabled individuals.
• Community service requirements under § 19.2-305.1
• Restitution payments under § 19.2-305.1
• Educational or rehabilitation programs: courts often set counseling, treatment, or rehabilitation as part of “terms and conditions” under deferred dispositions. § 19.2-298.02 permits terms “as may be agreed upon … placed on the record.

How Long Does a Class 3 (Third-Degree) Felony Stay on Your Record?

In Virginia, felony conviction records do not have an expiration period. Even when all the terms of the imposed sentence are complied with, conviction records may remain on file forever, provided the record has not been expunged. Once convicted, the offense becomes part of the individual's permanent criminal history. This would often be visible in background checks conducted by employers, landlords, licensing boards, and educational institutions.

Nevertheless, individuals may petition for relief to have the record expunged. Expungement relief is typically granted where a charge was dismissed, overturned on appeal, or the individual was acquitted—Virginia Code § 19.2-392.2.

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

In Virginia, expungement and record sealing are two separate legal processes that regulate access to criminal records. Expungement is typically available only to individuals who were not convicted, such as when charges were dismissed, dropped (nolle prossed), or when an applicant was found not guilty. Once a record is expunged under Virginia Code § 19.2-392.2, it is legally considered never to have existed; which means that it will not appear on background checks, and the individual does not need to disclose it on applications for employment, housing, or licensing.

For individuals convicted of Class 3 felony, expungement is extremely limited. Virginia law rarely allows the expungement of felony convictions except in cases of identity theft or wrongful conviction. However, applicants may seek alternative relief through a gubernatorial pardon, as outlined by the Office of the Governor of Virginia.

Additionally, recent reforms such as the Virginia Clean Slate Act 2021 expand opportunities for automatic and petition-based record sealing for certain nonviolent offenses once all sentencing requirements are completed as seen in the Virginia Code § 19.2-392.6. While expungement remains rare for felony convictions, sealing and pardons provide some avenues for individuals seeking relief from the lasting impact of criminal records.

How Class 3 (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

Felony offenses in Virginia are divided into classes, ranging from Class 1 (the most severe) to Class 6 (the least severe). This classification system is similar to the “degree” classification system used in other states. A third-degree felony is roughly equivalent to a Class 3 felony, which are felonies that attract serious but not the most extreme punishment.

Class 1 felonies carry the most severe penalties, such as life imprisonment and the death penalty. They include murder and aggravated murder under Virginia Code § 18.2-10(a).

Class 2 felonies encompass very violent or high-impact crimes such as aggravated malicious wounding, certain kidnapping offenses, and burglary with intent to commit murder or rape. The applicable prison time could be anywhere from twenty years to life imprisonment and fines of up to $100,000 under the Virginia Code § 18.2-10(b)

Class 3 felonies—the closest to third-degree felonies—are serious crimes but with less violent intent. Examples include attempted robbery, shooting at an occupied vehicle, or malicious wounding. These offenses are punishable by 5 to 20 years in prison and may attract fines of up to $100,000 under Virginia Code § 18.2-10(c)

While all felonies carry long-term consequences such as loss of voting rights and firearm ownership. The distinction between classes determines sentencing severity and parole eligibility. The lower the class number, the greater the threat to public safety and, consequently, the harsher the punishment.

How to Look Up Third-Degree Felony Records in Virginia

Third-degree felony records (classified as Class 3 felonies under Virginia law) are considered public documents. Anyone can access specific records, unless they have been sealed, expunged, or restricted to protect a juvenile. These records can be obtained through several official sources at the state and county levels.

The Virginia Judicial System provides online access through its Case Information System. For a free search, users can look up criminal and traffic cases by name or case number from the General District and Circuit Courts. This portal allows the public to review court details such as case status, filing dates, and judgments.

Authorized individuals and employers can also obtain certified criminal history background checks through the Virginia State Police – Central Criminal Records Exchange (CCRE). This process requires fingerprints or a notarized consent form (SP-167) and is typically used for official or employment purposes. The standard fee for this service is $15.00, or $20.00 for combined reports including sex-offender data.

Additionally, each County Clerk of Court in Virginia maintains records of criminal proceedings. Record seekers can mail or visit the clerk’s office of the General District or Circuit Court that handled the case and request access to the case file. A valid government-issued photo ID is required for all in-person or mailed requests, and copying and certification fees may apply depending on the county.

Probation and Parole for Class 3 (Third-Degree) Felony Offenders

Under Virginia Code § 19.2-303, a court may suspend all or part of a sentence and place an offender on probation. This option is typically extended to first-time or nonviolent offenders who demonstrate potential for reform. Probation conditions may include community service, counseling, substance abuse treatment, or restitution payments. The Virginia Department of Corrections – Probation and Parole Division oversees compliance, and violations can lead to revocation and reinstatement of the original sentence.

In contrast, parole applies to eligible inmates who have already served part of their sentence. Although Virginia abolished discretionary parole for most crimes committed after January 1, 1995, limited exceptions exist under Virginia Code § 53.1-151, including geriatric parole and certain pre-abolition cases. The Virginia Parole Board evaluates each application based on conduct, rehabilitation, and risk assessment.

Both probation and parole prioritize accountability and reintegration, offering qualified individuals an opportunity to rebuild their lives under close supervision while still serving justice.