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

Vermont does not use degree designations to measure the severity of offenses. Instead, it employs a class scheme. By an act establishing a classification system for criminal offenses (2021), felonies in Vermont are divided into Classes A, B, C, D, and E.

In states that use the degree terminology, a third-degree felony refers to felonies that fall in the middle of the scale in terms of punishment; if extended, it becomes a Class C felony in Vermont.

Although the statutory penalty for a Class C offense may appear moderate, it is still a serious offense, with potentially far-reaching consequences, including a criminal history record and diminished future opportunities.

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

While Vermont does not officially use the degree terminology, people may use the term loosely to refer to offenses that fall somewhere in the middle in terms of severity, which, when compared to Vermont, roughly corresponds to Class C felonies.

The following are the types of crimes that fall under this category:

• Felony theft (value between $1,500 and $2,500)
• Burglary
• Possession of controlled substances (with intent to distribute)
• Aggravated Assault
• Embezzlement

Felony theft, where someone steals property valued above a certain amount.

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

Felony offenses in Vermont attract a minimum jail term of 3 years to life. However, where a felony falls under the Class C category, the maximum imprisonment term is capped at 10 years and a $25,000 fine.

Nevertheless, it is not in all cases that judges impose the maximum punishment. Judges are typically more inclined to give a fair and measured sentencing, where justice would be served.
Some factors may serve as sentence enhancers, such as violence, prior conviction, and the discharge of a deadly weapon. Certain factors can also mitigate punishment, such as guilty plea, demonstration of remorse, lack of prior criminal conduct, the age of the offender, and prompt restitution.

Vermont courts may also impose probation under 28 V.S.A. § 205 as an alternative to incarceration. Probation allows convicted individuals to serve their sentence in the community under supervision and subject to conditions such as regular reporting, employment requirements, drug testing, and restitution payments.

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

Yes, jail-time in a Vermont state correctional facility is a real possibility for anyone convicted of a felony offense comparable to a third-degree felony in other states. Potential jail time could be anywhere from 3 to 10 years. However, imprisonment is not automatic in all cases. Vermont judges reserve the right to impose non-custodial sentences like probation, suspended sentences, or alternatives to incarceration for certain offenders, particularly first-time offenders convicted of non-violent crimes.

The likelihood of receiving third degree felony jail time depends heavily on how the crime was committed, the defendant’s criminal record, whether restitution has been made to victims, demonstration of remorse, and the circumstances surrounding the crime.

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

Criminal records, including Class C conviction records, are accessible indefinitely unless expunged or sealed by a court order or removed through a Governor's pardon.

Beyond fines and imprisonment, felony conviction can have far-reaching consequences. The record would often be visible in background checks conducted by employers, landlords, licensing boards, and educational institutions.

Once an individual is found to have a record, employers might not be so inclined to hire them, affecting access to broader personal and professional opportunities.

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

Vermont law does permit sealing and expungement of Class C felonies under certain circumstances. When a record is expunged, it physically destroys conviction-related paper files retained in the Vermont Crime Information Center repository and accessible court databases. In contrast, sealing merely removes a record from the public criminal history and preserves them in confidential files.
For cases that did not result in conviction, including dismissed charges, acquittals, or cases where no probable cause was found, records are eligible to be sealed automatically within 60 days of final disposition unless either party objects. Defendants may also petition to seal non-conviction records at any time.

Felony convictions can be sealed under Vermont law. Felony offenses listed in 13 V.S.A. § 7601(4)(B) can be sealed if at least 7 years have passed since completion of sentence, all restitution and surcharges have been paid, and the prosecutor has not shown sealing would be contrary to interests of justice.

Expungement is only possible if the offense has ceased to be a crime under Vermont law, the defendant has completed their sentence or supervision, and paid all restitution and surcharges. This makes expungement of actual convictions significantly rarer than sealing, but sealing provides substantial relief by removing records from public view.

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

Although felony classifications in Vermont are not degree-based, the state’s most serious felonies carry significantly longer prison sentences and involve more severe harm than moderate-level felonies. Offenses comparable to first-degree felonies in Vermont include murder under 13 V.S.A. § 2301, which carries a sentence of 35 years to life imprisonment, and aggravated murder, which is punishable by life imprisonment without parole. Aggravated sexual assault carries 10 years to life imprisonment. These crimes represent the most serious violations of Vermont law and involve intentional killing, extreme violence, or grave sexual offenses.

Offenses comparable to second-degree felonies include manslaughter under 13 V.S.A. § 2304, punishable by up to 15 years imprisonment, and arson causing death under 13 V.S.A. § 501, which carries up to 20 years imprisonment. Kidnapping under 13 V.S.A. § 2405 carries up to life imprisonment depending on circumstances. Robbery under 13 V.S.A. § 608 when committed with a deadly weapon can result in up to 15 years imprisonment and fines up to $10,000.

In contrast, moderate-level felonies comparable to third-degree felonies involve property crimes, fraud, theft, or non-violent offenses. Examples include burglary (up to 10 years), embezzlement (up to 10 years), and larceny from the person (up to 10 years). While these are serious crimes with penalties, they do not involve intentional serious bodily harm or death, and they carry shorter sentences than Vermont’s most severe offenses.

How to Look Up Third-Degree Felony Records in Vermont

Vermont provides several methods for accessing criminal records, including felony convictions. The Vermont Judiciary maintains an online system called the Vermont Judiciary Public Portal, which provides public access to case information for superior courts, district courts, and family courts. This system allows users to search by name, case number, or party information to find criminal case records. The online search is free but may not provide complete details about sentencing or probation terms.

For comprehensive criminal history reports, the Vermont Crime Information Center (VCIC), operating under the Department of Public Safety, maintains official criminal records. Individuals can request their own criminal history record by submitting a formal application with fingerprints. The current fee for a Vermont criminal record check is $30.

For more detailed case information, visiting the clerk of court’s office in the superior court where charges were filed provides access to complete case files. In-person searches at clerk’s offices are free, though certified copies of documents require payment of applicable fees, typically $5-$10 per document.

Third-party background check services also offer criminal record searches for Vermont, but these commercial databases may be incomplete, outdated, or contain errors. If using third-party services, verify any findings with official court records.

However, juvenile records are confidential under Vermont law and will not appear in public searches unless the juvenile was prosecuted as an adult.

Probation and Parole for Third-Degree Felony Offenders

Vermont offers probation and parole for eligible felony offenders, comparable to those for third-degree felonies in other states. In Vermont, a judge may impose probation under 28 V.S.A. § 205 on a defendant instead of a prison term for non-violent crimes, first-time offenders, and those who show potential for rehabilitation. The probation period for comparable felonies in Vermont ranges from 1 to 5 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
• Paying restitution to victims to compensate for financial losses
• Maintaining employment or actively seeking work
• Staying away from certain locations associated with criminal activity
• Obtaining permission before traveling outside Vermont.

An individual serving a prison term for a felony in Vermont comparable to a third-degree felony may be eligible for parole under certain circumstances. The Vermont Parole Board, established under 28 V.S.A. § 501, may grant parole to an eligible inmate who has served one-third to one-half of their prison term (whichever comes first). However, beyond eligibility, the Vermont Parole Board considers factors such as:

• Detailed release plans, including confirmed housing and employment
• Family and community support systems
• The assessed risk of reoffending.