What Is a Class D (Third-Degree) Felony in Kentucky?

In Kentucky, a third-degree felony is formally classified as a Class D felony. It is the lowest level of felony, but it remains a serious crime with significant penalties. Kentucky categorizes felonies using a class system rather than a degree system. Felonies are classified as Class A, B, C, and D under Kentucky Revised Statutes(KRS) § 532.020. Each class represents a different severity, and penalties range from a few years in prison for Class D felonies to life imprisonment for Class A. Kentucky also maintains the death penalty for the most serious capital offenses.

Penalties for Class D felonies may vary depending on aggravating factors, such as the nature of the crime, the presence of violence, and the offender's prior criminal record. A conviction for a Class D felony carries serious consequences with long-lasting effects. These consequences include immediate penalties, such as fines or imprisonment, as well as long-term effects, including loss of civil rights and a criminal record. Repeat offenders may face longer and more severe penalties.

Common Offenses That Fall Under Class D Felony Charges

In Kentucky, crimes classified as Class D felonies are considered low-level felonies but are still serious offenses. These are typically crimes that involve theft and misconduct, but not violence or use of weapons that would escalate it to one of the higher levels of felony. Further information on these types of crimes may be found in Criminal Records from several sources. Some examples of typical Class D offenses include the following:

• Unlawful Theft: This is the stealing or illegal taking of property or money valued at over $1,000 but less than $10,000 without using threats or violence.
• Minor Possession of a Controlled Substance: A first-time offense of being caught with illegal drugs, such as cocaine, methamphetamine, or specific prescriptions, without any evidence of sale or trafficking, is a Class D felony.
• Evidence Tampering: This occurs when the offender destroys, alters, or hides evidence during a criminal investigation. Examples include deleting computer files or destroying a weapon or incriminating clothing.
• Intentional Non-Support: This Class D felony involves an offender who willfully refuses or fails to pay court-ordered child support over an extensive period.
• Third-Degree Burglary: This occurs when an offender enters or remains in a building unlawfully with the intention to commit any crime, including vandalism or theft. To be classified as a Class D offense, it may not involve weapons or harm to another person.

Penalties and Sentencing for Class D Felonies in Kentucky

Although typically considered less serious, Class D felonies in Kentucky carry several serious consequences. These consequences may include prison sentences ranging from 1 to 5 years and fines of up to $10,000 or twice the amount that was gained from the crime. Some Class D felonies also qualify for deferred adjudication programs in Kentucky, such as probation or pre-trial diversion. A conviction for a Class D felony may also have long-term effects, including loss of voting rights, firearm rights, and access to public records.

However, sentencing varies on a case-by-case basis; several factors may affect the exact punishment given in a felony case. For example, cases involving illegal drugs and violence tend to incur harsher penalties than theft or property crimes. Aggravating circumstances, such as the use of weapons, crimes against minors, vulnerable victims, and prior offenses, may also lead to enhanced penalties. On the other hand, a first-time offense and cooperation with law enforcement are mitigating circumstances that may reduce punishments.

Will You Go to Jail for a Class D Felony in Kentucky?

A conviction for a Class D felony typically results in a prison sentence, fines, and other penalties. Class D felony jail time in Kentucky may range from 1 to 5 years in prison, plus a fine of up to $10,000. Even though they are considered lesser felonies, Class D offenses are still taken very seriously.

Class D felonies may also qualify for programs similar to deferred adjudication in Kentucky, such as pre-trial diversion or probation, if they meet the required criteria. The criteria for such programs include the following:

• Defendant must enter a guilty plea,
• Defendant is required to be a first-time offender
• Having no priors within 10 years
• violent offenses do not qualify

Completing such a program may lead to the court dismissing the charges and expunging the records.

How Long Does a Class D Felony Stay on Your Record?

In Kentucky, a Class D felony typically remains on a defendant’s record indefinitely unless steps are taken to remove it. Unless the felony case is dismissed, diverted, or expunged by a court order, a felony conviction typically remains on a criminal record permanently. Serving the sentence and completing any attached court requirements does not erase the conviction. It remains in court databases and may be accessed by anyone who performs a background check. This means employers, landlords, law enforcement, and the general public have access to these records via public databases. A felony criminal record may also affect certain rights, such as firearms possession and voting rights.

However, Kentucky law allows certain Class D felonies to be expunged and removed from the record. It should be noted that not all Class D felonies are eligible for expungement; violent and sexual offenses, in particular, do not qualify for expungement. In cases where the offense qualifies, applicants may request expungement after a given waiting period.

Can a Class D Felony Be Sealed or Expunged in Kentucky?

Yes, under KRS § 431.073, Kentucky permits certain Class D felonies to be removed from a person’s record. This process aims to provide individuals who meet the criteria with a second chance. However, it is important to note that not all Class D felonies qualify, and convictions are much harder to expunge than acquittals or dismissed charges.

In Kentucky, sealing and expungement are used interchangeably, but the state primarily refers to expungement as the main term. Qualification for expungement typically depends on the type of offense and the outcome of the case. When the defendant was acquitted, not prosecuted, or the case was dismissed, they may typically request that the case be expunged immediately. If the defendant successfully completes a court-ordered diversion program, the charge may be dismissed and expunged upon request.

The process to expunge a conviction is more strict, and not all felony convictions qualify. Generally, only non-violent, non-sexual offenses such as theft and evidence tampering are eligible. To qualify, the defendant must meet certain criteria, including the following:

• The defendant is required to complete all court-issued requirements, including any probation, parole, or fines.
• The defendant is required to observe a waiting period of 5 years after completing the sentence.
• The defendant should have no new convictions or current pending charges during the waiting period.

How Do Class D Felonies Compare to First(Class A) and Second-Degree (Class B) Felonies?

Kentucky’s legal system has four classes of felony. These are labeled Class A, B, C, and D. First- and Second-degree offenses are equivalent to Class A and Class B offenses, respectively. These are the more severe forms of felonies, carrying more severe penalties and consequences:

• Class A: Class A felonies are the most serious offenses. They are typically violent crimes or crimes that have profound effects on victims, such as death and severe injury. Examples of Class A felonies are murder or first-degree rape. Penalties include 20 years to life imprisonment and the death penalty in extreme cases.
• Class B: Class B felonies are equivalent to second-degree felonies. These are violent and dangerous offenses that cause serious harm but do not generally end in death. Examples are aggravated assault and first-degree robbery with a dangerous weapon.
• Class C: These are mid-level felonies, which are serious but generally non-violent crimes. These include theft worth over $10,000 and second-degree assault. Penalties include 5 to 10 years imprisonment.
• Class D: These are the lowest level felonies, which are non-violent and generally include property crimes and some minor drug offenses. Penalties include fines and imprisonment for 1 to 5 years.

How to Look Up Class D Felony Records in Kentucky

Class D felony records are public information in Kentucky, as mandated by the state's public record laws. The general public may access these records unless the record involves juveniles, has been expunged, or is otherwise restricted by law. Record seekers have various options for looking up these records, including the following:

County Clerk of Court: Interested parties may visit the local Clerk of the Circuit Court where the case was heard to access records in person. Requests may be made in person or by mail. Records seekers are required to provide a defendant's name or case number for staff to find the record. Viewing records is typically free; however, physical copies typically incur a copying fee.

Online Records Portal: Record seekers may also access records online on the Kentucky Court of Justice’s Online Records Portal called CourtNet 2.0. Online searches may be made using criteria such as party name, case category, and county. Basic information is available for free, while a subscription fee may be required for more detailed record requests.

Criminal Record: Felony case information may also be available in Criminal histories from the Administrative Office of the Courts (AOC), Criminal Record Reports, and Background Checks from the Kentucky State Police. The AOC provides options to request records in person, by mail, or online at $25 per report. Background checks from the state police may be obtained for $20 per name searched.

Probation and Parole for Class D Felony Offenders

An individual convicted of a Class D felony may be eligible for parole or probation, depending on the nature of the crime and their prior criminal history. As Class D felonies are the lowest in severity in Kentucky, the courts typically have some flexibility to consider options other than prison time.
Parole is a form of early release from prison, typically into a form of state supervision after completing a part of the sentence. It is granted at the discretion of the Kentucky Parole Board. The board evaluates several factors, such as the severity of the offense, the defendant's behavior in prison, and their rehabilitation. In Kentucky, parole eligibility for most non-violent Class D felonies begins after 15% of the sentence has been served.

Probation in Kentucky is governed under KRS § 533. A court in Kentucky typically considers probation instead of prison for certain offenders if it serves justice and is in the best interests of the general public and the defendant. Probation is a program that allows the defendant to serve their sentence under supervision in the community with conditions set by the court. These conditions include community service, counselling, keeping steady employment, regular checks, and, in some cases, electronic monitoring. To be eligible for probation, the defendant must meet the following conditions:

• The offense must be non-violent and non-sexual
• They must be a first-time offender
• They must agree to a guilty plea
• The court must be convinced that the defendant may be rehabilitated outside of prison.