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What Is a Third-Degree Felony in Nebraska?
In Nebraska, the criminal code classifies felonies using a combination of letters and numbers, with the range spanning from Class I to Class IV. Based on severity, the state compares third-degree felonies to felony Classes III and IIIA.
The Nebraska criminal code ranks Class III and Class IIIA among the state's less severe felony categories. However, these are serious crimes that carry lasting emotional and financial implications that may extend beyond the immediate penalties.
A Class III or IIIA felony conviction in Nebraska may result in a loss of voting rights, prohibit the person from possessing firearms, and cause ineligibility to hold public office. Additionally, a felony conviction affects job opportunities and professional certifications and licensing, creates housing and financial barriers, and carries immigration consequences for non-citizens of the United States.
Common Offenses That Fall Under Third-Degree Felony Charges
In Nebraska, third-degree felonies are comparable in severity to Class III and IIIA felonies. Offenses in these categories are mid to low-level crimes. However, they are serious crimes with severe consequences. While the list is not exhaustive, the types of crimes within Nebraska's Class III and IIIA felony categories include:
- Felony theft
- Third-offense DWI
- Tampering with evidence
- Possession of specific amounts of controlled substances
- Assault on a peace officer.
The table gives the statutory definitions for the listed Class III and Class IIIA felonies in Nebraska.
| Crime | Definition |
|---|---|
| Felony theft | A person commits Class III felony theft by stealing property or services worth $5,000.00 or more |
| Third-Offense Driving While Intoxicated |
|
| Tampering with evidence | Hiding or destroying evidence to obstruct justice |
| Possession of a controlled substance | Possessing 10 to 27 grams of a controlled substance or a smaller amount under aggravating circumstances |
| Assaulting a peace officer | Intentionally causing injury to a law enforcement officer or a first responder. |
Penalties and Sentencing for Third-Degree Felonies in Nebraska
Nebraska considers Class III and IIIA felonies as mid to low-level crimes. However, these are serious offenses with significant punishments. A Class III or IIIA felony in Nebraska may result in a lengthy prison term and significant fees.
Under Section 28-105 of the Nebraska Revised Statutes, the prison terms for a Class III felony may range up to 4 years, with up to 2 years post-release supervision and potential fines of up to $25,000.00. For a Class IIIA felony, an offender may spend up to 3 years in prison with 18 months post-release supervision, and fines of up to $10,000.00.
The consequences of a Class III or IIIA conviction in Nebraska may not end with its statutory penalties; the accompanying criminal record may have a negative impact on job opportunities, licensing and professional certifications, and the immigration status of non-citizens.
However, not all Class III and IIIA felonies in Nebraska result in imprisonment; a judge may impose probation in lieu of incarceration, pre-trial diversion programs, or transfer the defendant to a drug and problem-solving court.
| Felony Class | Crime | Prison Sentence | Maximum post-release supervision | Potential Fines |
|---|---|---|---|---|
| Class III | Felony theft of an amount over $5,000.00 | 4 years | 2 years | Up to $25,000.00 |
| Assault by strangulation | 4 years | 2 years | Up to $25,000.00 | |
| Second-degree sexual assault | 4 years | 2 years | Up to $25,000.00 | |
| Reckless vehicular homicide | 4 years | 2 years | Up to $25,000.00 | |
| First-degree forgery | 4 years | 2 years | Up to $25,000.00 | |
| Class IIIA | Criminal child enticement | 3 years | 18 months | Up to $10,000.00 |
| Terrorist threats | 3 years | 18 months | Up to $10,000.00 | |
| Failure to appear on a felony charge | 3 years | 18 months | Up to $10,000.00 | |
| Unlawful possession of firearms by a felon | 3 years | 18 months | Up to $10,000.00 | |
| Theft (of property valued at $1,500.00 to $4,999.00 | 3 years | 18 months | Up to $10,000.00. |
Will You Go to Jail for a Third-Degree Felony in Nebraska?
Yes, a Class III or Class IIIA (third-degree) felony in Nebraska may result in a third-degree felony jail time. Under Section 28-105 of the Nebraska Revised Statutes, a Class III felony conviction may result in 4 years’ Imprisonment, while individuals guilty of Class IIIA felonies may spend 3 years in prison.
However, not all Class III or Class IIIA felonies result in prison terms. Depending on the crime, the court, in its discretion, may impose probation or pre-trial diversion programs instead of incarceration. These options keep the defendant out of prison and allow them to serve their sentences under strict conditions in the community.
How Long Does a Third-Degree Felony Stay on Your Record?
Typically, a criminal conviction in Nebraska and other parts of the United States stays permanently on the owner's record unless the owner takes steps to remove it or the state automatically expunges it. However, Nebraska may allow the sealing of a Class III or IIIA felony record if the underlying charges result in dismissal or acquittal. In rare cases, the court may allow sealing for a non-violent Class III or IIIA felony if the offender completes deferred judgment and observes applicable waiting periods without subsequent convictions. Outside these options, a felony conviction in Nebraska remains on the owner's record indefinitely.
Criminal records, including Class III and IIIA felonies, are public in Nebraska. This makes them accessible to employers, licensing and certification agencies, landlords, and other interested entities. Public accessibility of Nebraska's Class III and IIIA felony records may have long-term harmful repercussions on their owners.
Can a Third-Degree Felony Be Sealed or Expunged in Nebraska?
Expungement of criminal records in Nebraska is rare. However, a Class III or IIIA felony record (or any other criminal record) may be eligible for expunction if:
- The underlying arrest is due to mistaken identity
- There are no charges
- The charges result in dismissal or acquittal.
Expunging a Class III or IIIA felony record destroys the document and makes the information no longer accessible. Owners of expunged criminal records can claim that they never had the conviction.
While Nebraska does not allow expungement of criminal records, sealing a Class III or IIIA felony record may be possible and will hide it from public viewing. A Class III or IIIA felony record may qualify for sealing if:
- The associated charges result in dismissal or acquittal
- The crime is non-violent, and the offender completes deferred judgment (in rare cases)
- The offender receives a pardon from the Nebraska Board of Pardons
- The individual observes a 10-year waiting period for conviction records.
Sealing a Nebraska Class III or IIIA felony record hides it from public viewing. Nonetheless, it remains accessible to the court, law enforcement, and authorized government agencies.
How Third-Degree Felonies Compare to First- and Second-Degree Felonies
In Nebraska, first, second, and third-degree felonies refer to Class I, Class III, and Class IIIA felonies. These categories of felonies are distinct in severity and penalties of the offenses they contain. The table outlines the difference between these classes of felony according to Chapter 28 of the Nebraska Revised Statutes.
| Felony Class | Type of Crimes | Examples of Crimes | Sentence | Fines | Post-release Supervision |
|---|---|---|---|---|---|
| Class I Felonies | Class I Felonies is the highest ranking felony class within the Nebraska Revised Statutes. This group contains serious crimes that involve violence, serious injuries, and often result in fatalities. | First-degree murder. Treason. Capital murder. Kidnapping resulting in death . | The penalty for a Class I felony category in Nebraska ranges from 20 years to life imprisonment, or the death penalty | None | None |
| Class II Felonies | Similar to Class I felonies, these are serious offenses. However, they are less severe than Class I felonies and are non-capital crimes. | Manslaughter Robbery First-degree assault Burglary with explosives or weapons Distribution of controlled substances to a minor | The penalties for Class II felonies are less harsh than those of Class I felonies. Individuals guilty of crimes in the Class II felony category may spend between 1 and 50 years in prison | Up to $25,000.00 | None |
| Class III and IIIA Felonies | Nebraska's Class III and IIIA felony categories fall within the mid to lower level classification. Crimes in these classes are less severe than those in Classes I and II, but more severe than misdemeanors. | Theft of property worth between $5,000.00 and $25,000.00. Burglary Assault on a peace officer (without a weapon). Tampering with evidence | A Class III felony in Nebraska may result in imprisonment of up to 4 years | Up to $25,000.00 | 2 years maximum. |
How to Look Up Third-Degree Felony Records in Nebraska
Nebraska's Class III and IIIA felony records are accessible online, through the mail, and by in-person visits to custodian agencies. Felony records are part of criminal court case files. In Nebraska, individuals can access Class III and IIIA felony records through the Nebraska Judicial Branch’s Justice Case Search Portal.
For a $15.00 per search fee, information seekers can look for case details of felony convictions across the various Nebraska counties. Alternatively, for a comprehensive compilation of a Class III or IIIA record, interested persons should mail or visit the clerk's office of the Nebraska District Court that handled the specific trial. Viewing Class III and IIIA felony records through District Courts clerk's offices is free. However, it costs $1.00 per page of certified copy, plus an additional $1.50 for certification. Requesters should note that juvenile records and sealed records are not accessible.
For statewide access to Nebraska's Class III and IIIA felony records through criminal records, eligible individuals or approved entities should submit online requests through the Nebraska State Patrol Criminal History Reports Portal. As an alternative, download and complete a Criminal History Record Request Form, and submit or mail it along with a $30.00 payment to:
The Nebraska State Police - Criminal Identification Division
3800 NW 12th Street, Suite A,
Lincoln,
NE 68521
Mailing Address:
P.O. Box 94907,
Lincoln,
NE 68509-4907.
Nebraska's Class III and IIIA felony records may also be accessible online through some third-party websites that have databases on Nebraska's criminal court records.
| Access Method | Source | Availability |
|---|---|---|
| Online | Nebraska Judicial Branch’s Justice Case Search Portal | Public |
| Mail-in/In-person | Clerks of District Court offices | Requires valid government-issued photo identification documents |
| Online/Mail-in/In-person | The Nebraska State Police - Criminal Identification Division | Requires a completed Criminal History Record Request Form, Fingerprint card (FD-258) for fingerprint-based search, valid government-issued identification documents, and payment |
| Online | Third-party website | Public. |
Probation and Parole for Third-Degree Felony Offenders
In Nebraska, probation for a Class III or IIIA felony depends on the nature of the crime. A Class III or IIIA felony may qualify for probation if:
- It is non-violent and non-sex-related
- The offender has no criminal history
- The court considered the offender not to be a public risk and may benefit from rehabilitation.
Probation allows defendants to serve their sentences within the community instead of incarceration. However, eligible individuals must abide by strict court-imposed conditions, which may include:
- Reporting to a probation officer
- Maintaining employment, attending rehabilitation programs, or both
- Performing community service.
Parole refers to the early release of convicts from prisons. In Nebraska, Class III or IIIA felons may be eligible for parole after serving the minimum terms of their sentences. However, eligibility does not automatically translate to parole. The Nebraska Board of Parole considers factors such as:
- The inmate's prison record
- Rehabilitation efforts
- The risk of reoffending.
Similar to probation, parolees must abide by the terms of their release. Otherwise, the Nebraska Board of Parole may revoke their release and send them back to prison to complete their sentences.