What Is a Level 7 (Third-Degree) Felony in Kansas?

Felonies in Kansas are not classified by degrees. Instead, the sentencing guidelines use a severity level, grading felonies on a numerical scale. Under Kansas Statutes Annotated § 21-6804, felonies are graded on a severity scale of 1 to 10, with one being the highest or most serious and 10 the lowest or least serious.

Third-degree felonies are equivalent to felonies on severity level 7 to 10. These typically include offenses such as minor drug offenses, property damage, disorderly conduct, and non-violent theft. Although considered low-level felonies, offenses of severity level 7 to 10 are still serious offenses with life-changing consequences. These penalties range from years in prison to the loss of civil rights, such as the right to vote or possess firearms.

Kansas does not generally use terms like capital offenses. However, its legal system does acknowledge life sentences and the death penalty for major crimes, such as premeditated murder and murder of a law enforcement officer.

Common Offenses That Fall Under Level 7 (Third-Degree) Felony Charges.

Offenses classified as third-degree felonies are considered severity level 7 to 10 under Kansas law. These are generally non-violent offenses, property crimes, and minor offenses, which still pose some risk to the general public. Although not considered as serious as violent felonies, these offenses still carry serious penalties, such as probation, jail time, and a permanent criminal record. More detailed information about these types of crimes may be available in criminal records.
Offenses within severity level 7 to 10 include the following:

• Criminal property damage: This involves the intentional damaging of another person’s property worth over $25,000.
• Minor possession of controlled substances: This involves the unlawful possession of small amounts of narcotics and other controlled substances. The penalties typically vary by the type of substance and the amount in possession.
• Evidence tampering: This involves the alteration, concealment, or destruction of evidence required in a case or investigation.
• Felony theft: This is the theft of goods, property, or services valued between $ 1,500 and $25,000.
• Forgery: This involves the falsifying of documents, checks, identification, and signatures with the intent to defraud another individual or business.

Penalties and Sentencing for Third-Degree Felonies in Kansas

Third-degree felonies are equivalent to offenses at severity levels 7 to 10 in Kansas. They generally incur a penalty of 1 to 5 years in prison and a fine of $10,000. However, aggravating factors such as violence and repeat offending may increase penalties to prison time of up to 10 years and a maximum fine of up to $100,000. Sentences and other penalties typically depend on the nature of the case, the severity level of the crime, and any aggravating or mitigating circumstances that exist. The court also has the option to impose probation instead of prison time for certain low-level felonies.

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

Prison time is a serious possibility for third-degree or severity level 7 to 10 felonies in Kansas. The length of third-degree felony jail time or severity level 7 to 10 jail time may range from several months to up to 5 years in prison, plus fines up to $10,000. Sentencing typically depends on several factors, including the severity of the offense and the defendant’s criminal history.

It is worth noting that not all convictions result in imprisonment. Sometimes, defendants may qualify for programs such as probation or suspended sentences, particularly if they are first-time or low-level offenders. The court typically considers factors such as the nature of the offence, mitigating or aggravating factors, and the defendant's criminal record.

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

A conviction for a felony on severity level 7 to 10(third-degree) in Kansas may have lasting effects that extend beyond prison time and fines. Such convictions may remain on a person’s criminal record permanently unless the record is sealed or expunged. This means the record typically remains public information accessible by employers, landlords, and the general public. Along with affecting jobs, housing, and certain professional opportunities, felony convictions may also lead to loss of civil rights, including voting rights and firearms rights.

However, Kansas law provides limited options to seal or expunge certain convictions after a waiting period if they meet specific criteria. This legal process is limited mainly to low-level criminal convictions and juvenile offenses. A successful petition for expungement typically restricts records of arrests, convictions, or programs such as probation.

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

Under K.S.A. 21-6614, third-degree or severity level 7 to 10 felonies may qualify for expungement. In Kansas, expungement and sealing are the same process, which means that the record is restricted from public access; however, law enforcement and courts may still access it under certain conditions.
Typically, an individual may be eligible for expungement if they meet certain conditions, including the following:

• The charges were dropped, or the case was dismissed.
• They were found not guilty at trial.
• They completed all aspects of their sentence, including all court-ordered supervision, such as probation or parole.
• They completed a required waiting period of 3 to 5 years after all aspects of the sentence were completed.

Actual felony convictions are more complex to expunge than acquittals or dismissed cases. Not all felonies are eligible for expungement; violent crimes and sexual offenses typically do not qualify for expungement. Severity level 7 to 10 offenses may qualify, as they are generally non-violent and low-level offenses.

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

Felonies in Kansas are ranked using severity levels instead of degrees. The severity level is graded from level 1 to 10, with level 1 being the most serious offense and level 10 being the least serious. First-degree felonies are equivalent to felonies on severity levels 1 and 2, while second-degree felonies are comparable to severity levels 3 to 6.

Severity level 1 or 2 (first-degree) felonies are the most serious crimes under the Kansas legal system. They generally include violent crimes such as first-degree murder, aggravated kidnapping, felony murder, and capital murder. Penalties for these crimes include up to 50 years imprisonment, life imprisonment without parole, and the death penalty.

Severity levels 3 to 6 (second-degree felonies) are considered serious violent offenses that are slightly less severe than the higher severity levels. They include violent crimes such as involuntary manslaughter and aggravated robbery. Sentences for these crimes range from 5 to 20 years, depending on the case.

How to Look Up Level 7 (Third-Degree)Felony Records in Kansas.

Official resources are typically the best source of felony records in Kansas. Government agencies, such as the Kansas Judicial Branch and the Kansas Bureau of Information, provide options for obtaining felony records. Interested parties may also look up third-party record websites to search for records online. Typically, felony records are public information and are typically accessible unless they are juvenile records, expunged, or restricted by law.

Kansas Judicial Branch: The Kansas Judicial Branch maintains a Public Access Portal, which allows users to search district court records and cases using a name or case number. Users are required to register an account on the website to use its facilities.

Kansas Bureau of Investigation (KBI): The KBI permits visitors to request criminal records, including felony records, via a criminal history check on its website for a $30 fee.

County Courthouses and Clerk of Courts: Felony records may be obtained by visiting the local court where the case was heard. If the case’s records are not online, record seekers may visit the specific courthouse. Viewing may be free depending on the county, but physical copies generally require a copy fee. To find the local court, visitors may use the Find a Court search tool at the bottom of the Search Districts Records page.

Probation and Parole for Level 7 (Third-Degree) Felony Offenders.

Offenders convicted of felonies in the severity level 7 to 10 range may qualify for probation or parole, depending on the type of crime and their prior criminal record. Probation is a form of community correction program granted instead of prison time, while parole is a form of early release under certain conditions.

The court may consider the defendant for such a probation program instead of prison if it is a first-time non-violent offense and the defendant has no prior felony convictions. Factors considered in such cases include the type of crime, the defendant’s prior records, and risk to the community.

For convicts sentenced to prison, parole eligibility for most severity level 7 to 10 offences is considered after they spend around 50% of their full sentence. The Kansas Department of Corrections assesses the prisoner’s records before granting parole. Aspects reviewed include the crime committed, the defendant's behavior in prison, their joining/completion of rehabilitation programs, and the effect on public safety.