What Is a Mid-or Lower-Level (Third-Degree) Felony in Minnesota?

Minnesota does not use the degree system to designate felonies. Section 609.02, subdivision 2 of the Minnesota Statutes defines felony as any crime punishable by imprisonment of 1 year or more. Under Chapter 609 of the Minnesota statutes, each offense has a statutory penalty. Third-degree felonies refer to the mid-to-lower level felony range under Minnesota classification. Notwithstanding their mid to low-level ranking, these are serious crimes that may result in lengthy prison terms and significant fines. Additionally, the accompanying criminal records may have long-term negative impacts on their owners; a criminal record may have adverse effects on job opportunities, licensing, and social status.

Common Offenses That Fall Under Mid- or Lower-Level (Third-Degree) Felony Charges

In Minnesota, third-degree felonies are equivalent to offenses in the mid-to-lower levels of the felony scale. Despite their low placements, these types of crimes may involve violence or repeat offenses, and their penalties may range from short-term to long-term imprisonment, as well as fines, restitution, and court fees. Crimes that are within the mid-to-lower level felony categories in Minnesota include:

Mid-level Felonies

• Third-degree criminal sexual conduct
• Third-degree drug possession or sale
• Third-degree assault

Lower-level Felonies

• Third-degree burglary
• Third-offense DWI
• Felony theft

Penalties and Sentencing for Third-Degree Felonies in Minnesota

Crimes comparable to third-degree felonies in Minnesota are within the mid-level to lower-level felony categories. While these offenses are not high-ranking, they are serious crimes that can result in lengthy imprisonment, as well as potential financial consequences. In Minnesota, the penalties for felonies depend on the individual crime statute and may range from 2 years for lower-level felonies to 15 years for mid-level felonies.

As alternatives to prison terms, judges in Minnesota may impose probation for eligible defendants. Furthermore, § 609.135 of the Minnesota Statutes permits judges to defer sentencing and order intermediate sanctions without placing the defendant on probation. These options may keep offenders out of prison if they comply with strict court-imposed conditions.

Will You Go to Jail for a Mid- or Lower-Level (Third-Degree) Felony in Minnesota?

Yes, a third-degree felony in Minnesota may result in imprisonment. Minnesota statutes, Chapter 609, authorize statutory prison sentences for mid-level and lower-level felonies. Nonetheless, judges do not always enforce these prison sentences for all mid or lower-level felonies. A judge may impose probation or order intermediate sanctions without probation for eligible crimes, depending on the offender's criminal history and any mitigating circumstances. Such options may aid the defendant's rehabilitation and help eligible individuals avoid third-degree jail time.

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

A Minnesota felony record stays on records permanently unless dismissed, overturned upon appeal, or the court expunges it. In Minnesota, criminal records are public. Hence, these documents are accessible through background checks and public record requests. Without sealing or expunction, they may negatively impact their owners beyond the initial penalties.

Minnesota does not automatically remove criminal records. Under Section 609A.02 of Minnesota Statutes, individuals whose criminal records are eligible for expungement can petition the courts to hide them from the public.

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

Yes, Minnesota allows the sealing and expungement of criminal records, including those related to mid-level and lower-level felonies. When a court seals a criminal record in Minnesota, it hides the documents from the public. This makes them inaccessible through routine background checks or public requests. However, the documents remain accessible to law enforcement, the courts, and specific licensing boards.

Expungement of a Minnesota mid or lower-level felony record achieves the same purpose as sealing. Unlike some states, expungement in Minnesota does not completely erase criminal records. These records remain accessible to the following entities:

• Law enforcement
• Prosecutors
• Corrections and probation departments
• Specific state licensing boards and government employers
• The Department of Human Services and the Department of Education.

Under Section 609A.02, subdivision 3 of the Minnesota Statutes, a mid or lower-level felony becomes eligible for expungement or sealing if it is non-violent, non-sexual, and not a primary drug offense. Additionally, the offender must:

• Serves the whole sentence for the crime
• Observes at least a 5-year waiting period after completing the sentence
• Demonstrates rehabilitation.

How Mid- or Lower-Level (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

Minnesota does not classify felonies into general classes. Instead, the state assigns penalties on a crime-by-crime basis. However, it uses the degree to designate the severity of certain crimes. For instance, first-degree, second-degree, and third-degree murder.

First-degree Felonies

In Minnesota, first-degree felonies refer to the most serious version of a felony crime. This category of offenses involves intentional violence, severe harm, or large-scale criminal activity. First-degree felonies carry the most severe statutory punishments. The penalties for first-degree felonies in Minnesota depend on the specific crime. For instance, while a first-degree murder may result in life imprisonment, a first-degree sexual conduct or first-degree controlled substance crime may result in up to 30 years imprisonment. First-degree felonies in Minnesota include:

• First-degree murder
• First-degree criminal sexual conduct
• First-degree assault
• First-degree arson

Second-degree Felonies

Similar to first-degree felonies, Minnesota's second-degree felonies also involve violence, use of a weapon, or significant harm. However, Minnesota considers the second-degree versions of crimes as less serious; hence, their penalties are less severe. Examples of crimes in the second-degree categories include:

• Second-degree murder
• Second-degree criminal sexual conduct
• Second-degree assault
• Second-degree burglary.

Most second-degree felonies in Minnesota may result in prison terms that range between 20 and 40 years.

Third-degree Felonies

Minnesota's third-degree felonies are mid to lower-level crimes. These offenses are less severe than first and second-degree crimes. However, they also involve harmful or unlawful behavior, but without the extreme violence, intent, or aggravating factors of first and second-degree felonies.

In Minnesota, crimes that are comparable to third-degree felonies may result in imprisonment for 5 to 20 years. Crimes within the third-degree felony category in Minnesota include:

• Third-degree assault
• Third-degree burglary
• Third-degree criminal sexual conduct
• Third-degree controlled substance crime.

How to Look Up Third-Degree Felony Records in Minnesota

The primary repository for criminal records in Minnesota, including those of lower-level felonies, is the Minnesota Judicial Branch. This agency provides access to criminal, civil, and criminal case records through its Court Records Online (MCRO) access portal. The MCRO search tools allow name and case number searches for court records, including felony records. For lower-level felony records that are not accessible online, record seekers should contact the clerk’s office in the county where the case was filed.

The Minnesota Bureau of Criminal Apprehension (BCA) provides access to criminal records, which may include lower-level felonies, through its Criminal History System. Individuals seeking access to lower-level criminal records in Minnesota should log in to the Minnesota Public Criminal History Search Portal. For private access to full criminal history, submit a request along with fingerprints (FBI FD-258 fingerprint card) and money orders (to cover applicable costs) to:

Minnesota Bureau of Criminal Apprehension (BCA)
Criminal Justice Information Services (CJIS) Division
1430 Maryland Avenue,
East Saint Paul,
MN 55106
Phone: (651) 793-2400

Minnesota's third-degree or lower-level felony records may also be accessible through some third-party websites.

Probation and Parole for Mid- or Lower-Level (Third-Degree) Felony Offenders

Judges in Minnesota can impose probation for eligible lower-level felonies. Probation allows individuals who plead guilty to certain crimes to serve their sentences under strict conditions and supervision within the community, rather than in prison. A judge may stay a sentence for a lower-level felony if the offense is non-violent and the defendant has no previous felony conviction. The conditions for probation may include community service, fines, gainful employment or treatment programs, and regular check-ins with a probation officer.

While probation offers an alternative to incarceration, parole is the early release of inmates from prison. Minnesota allows early supervised release for inmates serving prison terms for eligible crimes (including lower-level felonies) if they complete two-thirds of their sentence. However, eligibility does not guarantee automatic parole; the inmate must show good behavior and comply with post-parole supervision. Otherwise, the Minnesota Department of Corrections (DOC) may cancel the parole and send the individual back to prison to complete their sentence.