What Is a Third-Degree Felony in Oklahoma?

Third-degree felonies typically refer to a class of felonies that attracts relatively moderate sentences, as distinct from the minimum or maximum penalties that a court may impose under the state's sentencing guidelines. In many jurisdictions, third-degree felonies carry an average prison time of about five years and fines of up to $10,000.

In Oklahoma, however, felony sentencing is determined on a crime-by-crime basis, rather than by the “degree” classification system. Nonetheless, some felonies may be regarded as third-degree felonies when defendants risk fines of up to $10,000 and imprisonment ranging between five and ten years in a state penitentiary.

While the penalty for third-degree felonies is relatively moderate, they still are serious crimes with potential long-term consequences, including loss of voting rights, firearm restrictions, and difficulty in securing housing or employment.

Common Offenses That Fall Under Third-Degree Felony Charges

The common offenses or types of crimes that fall under the “third-degree felony” category include:

• Third-Offense DUI (Driving Under the Influence)
• Felony Theft or Larceny
• Tampering With Evidence
• Forgery in the Second Degree
• Possession of a Controlled Substance (After Prior Convictions)

Penalties and Sentencing for Third-Degree Felonies in Oklahoma

Although some mid-level felonies (that attract fines of up to $10,000 along with imprisonment terms of up to ten years) may informally be classified as third-degree equivalent, Oklahoma courts primarily determine penalties for felony offenses based on the facts and circumstances of each case (crime-by-crime basis).

Consequently, the presence or absence of certain factors may influence the reduction or enhancement of potential penalties. Such factors include provocation, remorse, cooperation with law enforcement, restitution, criminal history, immediate guilty plea, and violence.

Under Oklahoma law (22 OK Stat § 991a-2 (2024)), judges may exercise discretion in some cases of nonviolent felony offenses to impose sentences that include incarceration in county jails, or split sentences involving limited jail time (such as weekends) rather than full penitentiary time.

Other factors that may influence felony sentencing (including third-degree) in Oklahoma include:

• The seriousness of the offense
• The offender's previous criminal record
• Participation in Rehabilitation programs
• Aggravating factors, such as:
  • The use of a weapon
  • Harm to a victim
  • Significant property loss
• Mitigating factors such as:
  • Lack of prior criminal conduct
  • Cooperation with law enforcement.

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

Yes, there's a real possibility that a defendant facing a third-degree felony charge in Oklahoma may go to prison. Defendants typically risk a third degree felony jail time of at least five years, which is not fixed; given that certain aggravating factors may operate to enhance the sentence.

However, it is not in all cases that defendants are sentenced to prison. Judges retain discretion to order probation or deferred adjudication as a substitute for prison time—especially for non-violent or first-time offenders. Other factors may come into play, including the quality of the defense representation, plea negotiations, and whether the individual takes responsibility for their actions.

Additionally, a judge may be inclined to dismiss a third-degree felony charge if a defendant completes any of the following:

• Pretrial Diversion (PTD)
• Drug Courts Program
• Mental Health Court
• Community Corrections & Institutional Diversion
• Court-Ordered Rehabilitation Programs
• Veterans Treatment Courts.

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

In Oklahoma, felony conviction records are permanent. Even after a defendant has complied with all the terms of the imposed sentence, the Oklahoma State Bureau of Investigation (OSBI) retains all information related to the conviction in its central repository for criminal records. This can have far-reaching consequences, affecting employment, housing, licensing, and other positive opportunities upon a simple background check.

Nonetheless, individuals may be able to have their records cleared by petitioning the sentencing court for expungement or sealing orders. However, these reliefs are subject to strict eligibility rules under 22 O.S. § 18 and 22 O.S. § 19.

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

In Oklahoma, third-degree felonies may be expunged or sealed under certain conditions. Expungement in Oklahoma is a court order that permits the legal erasure of a criminal record. When an offender obtains an expungement order, they get a clean criminal background and the legal right to state anywhere and to anyone that they have never been convicted—in most cases.

The rules for expungement are set out in 22 O.S. § 18 and 22 O.S. § 19 of the Oklahoma Statutes.

According to the rules, an individual may qualify for expungement if:

• The charges were dismissed, or they were acquitted of all charges
• They completed a deferred sentence and waited out the applicable waiting period.
• They received a full pardon from the governor
• The felony was a nonviolent one, and they have remained conviction-free for a specific period (usually five to ten years).

Record sealing removes the record from the public domain, limiting who can access it; the record is not destroyed and still exists. Consequently, law enforcement and certain agencies may still access sealed records. Courts may also rely on conviction records to determine sentencing for second offenses.

While actual felony convictions are harder to expunge, Oklahoma’s laws have expanded in recent years to give deserving individuals a second chance particularly for nonviolent offenses.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Since third-degree felonies in Oklahoma typically refer to a class of felonies that attract mid-range penalties, first and second-degree felonies may be regarded as felonies that carry the most severe penalties under state law.

Thus, while third degree felonies typically carry a five to ten years imprisonment term, first and second degree felonies may attract penalties anywhere from ten to life imprisonment or the death penalty.

First-degree felonies generally include the most violent and harmful crimes, which may be punished with an imprisonment term of twenty years to life, life without parole, or the death penalty in extreme conditions. Offenses within the first-degree felony radar include:

• First-degree murder
• First-degree rape
• First-degree robbery
• First-degree kidnapping.

Though less severe than first-degree felonies, second-degree felonies are still very serious crimes. Imprisonment term for a second-degree felony can range up to 35 years in prison, with possible fines and probation restrictions, depending on the case. Second-degree felony offenses in Oklahoma include:

• First-degree manslaughter
• Aggravated assault and battery
• Second-degree burglary
• Use of force without the intent to kill
• Infliction of severe bodily harm

In contrast, the penalty for a third-degree felony ranges from 5 to 10 years in prison, with fines of up to $10,000, depending on the circumstances of the offense. Third degree felonies in Oklahoma include:

• Driving under the influence (third offense)
• Felony theft involving property worth more than $1,000
• Drug possession (repeat offense)
• Forgery in the second degree.

How to Look Up Third-Degree Felony Records in Oklahoma

Individuals or applicants seeking information about third-degree felony records in Oklahoma can access such data through the state’s official judicial record systems. The most comprehensive and reliable source is the Oklahoma State Courts Network (OSCN). This official portal provides free public access to criminal case information, allowing searches by name, case number, or county. The database includes docket entries, filed documents, court dates, and sentencing outcomes for both felony and misdemeanor offenses.

Another official platform is the Oklahoma District Court Records (ODCR) site. This offers similar functionality for counties that are not included in the OSCN system. Both portals enable users to determine whether an individual has an active or closed felony case, along with information on probation, parole, or case dismissal.

For certified or physical copies of court records, applicants must contact the Clerk of Court in the county where the case was initially filed. The Oklahoma State Bureau of Investigation (OSBI) also maintains statewide criminal history reports for a $15 fee. It is important to note that juvenile, sealed, or expunged records are not available to the public through these databases.

Probation and Parole for Third-Degree Felony Offenders

In Oklahoma, individuals convicted of third-degree felonies may be eligible for probation or parole, depending on the nature of the crime and their prior criminal history. Non-violent and first-time offenders are more likely to receive probation instead of full incarceration. Probation allows individuals to remain in the community under supervision while meeting specific conditions, such as reporting to authorities, maintaining employment, and making restitution.

For those sentenced to prison, parole becomes an option after serving a portion of their term, subject to eligibility rules established by the Oklahoma Pardon and Parole Board. Early release is not guaranteed and depends on conduct, rehabilitation progress, and the nature of the crime.

These programs reflect Oklahoma’s efforts to balance punishment with rehabilitation, helping individuals reintegrate into society while maintaining accountability.