According to the Bureau of Justice Statistics (BJS), U.S. courts convicted an estimated 1.03 million felony defendants between 2010 and 2020, and roughly 27% fell into mid-level felony categories, including Class D offenses.
- What Is a Class D Felony?
- Why Felonies Are Divided Into Classes?
- State-by-State Definition: Class D Isn’t the Same Everywhere
- Examples of Class D Felonies in the U.S.
- Punishment for a Class D Felony in the U.S.
- Fines for Class D Felonies
- Probation for Class D Felonies
- Long-Term Consequences of a Class D Felony
- Expungement & Record Sealing Rules by State
- Final Thoughts
- FAQs
A Class D felony sits in the “middle tier” of felony severity. Depending on the state, it can carry 2–25 years in prison, thousands of dollars in fines, and long-term consequences that affect employment, housing, voting rights, firearm rights, and immigration status.
When someone hears the word felony, the first things that pop into mind are long prison sentences, steep fines, and serious life consequences. Yet not all felonies are created equal. In most states, felonies fall into categories or “classes,” and the Class D felony sits squarely in the middle—serious, but not the worst of the worst.
Class D felonies can include crimes such as felony theft, drug possession with intent, assault, forgery, fraud, burglary, obstruction and vehicular offenses. But each state plays by its own rules.
What Is a Class D Felony?
A Class D felony is a mid-level felony classification used in many U.S. states to categorize crimes considered more serious than Class E or Class F, but less severe than Class A, B, or C.
Average punishment across states
- Prison: 2–7 years (typical range)
- Maximum sentence: Up to 25 years in some states
- Fines: $5,000–$100,000 depending on the offense
- Probation: 1–5 years
- Repeat offenders: Up to double the prison time
Legal definitions vary, but every state agrees the crime is serious enough to warrant:
- long-term criminal records
- felony-level incarceration
- restrictions on civil rights
Why Felonies Are Divided Into Classes?
Felonies in America are classified to create predictable sentencing, simplify charging decisions, and maintain fairness. The traditional structure includes:
Felony Classes by Severity
| Felony Class | Severity | Examples |
|---|---|---|
| Class A | Most serious | Murder, rape, terrorism |
| Class B | Very serious | Armed robbery, kidnapping |
| Class C | Serious | Aggravated assault, burglary |
| Class D | Mid-level | Theft, fraud, some drug crimes |
| Class E/F/G | Lower-level felonies | Repeat DUI, minor weapon charges |
Not all states use the class system. For example:
- California uses “degrees” instead of classes.
- Florida uses “levels” (1–10) for sentencing.
- Texas uses categories like “state jail felony,” “3rd degree felony,” etc.
But for states that do use classes (Indiana, Kentucky, Missouri, New York, Nebraska, etc.), the Class D felony is a common category.
State-by-State Definition: Class D Isn’t the Same Everywhere
This is where Class D felonies get tricky. The same crime may be Class D in one state and Class C or E in another.
Here are actual state variations:
New York
- Class D felony = Up to 7 years in prison
- Often includes burglary, forgery, assault, drug sales
Indiana
- Class D felony used until 2014, now reclassified as Level 6
- Equivalent sentence = 6 months to 2.5 years
Kentucky
- Class D felony = 1 to 5 years in prison
- Common for theft over $1,000, possession, welfare fraud
Missouri
- Class D felony = Up to 7 years
- Includes resisting arrest, forgery, property crimes
Arkansas
- Class D felony = Up to 6 years
- Includes domestic battery, drug possession, criminal mischief
Nebraska
- Class IV felony (equivalent to Class D elsewhere)
- Up to 2 years imprisonment + 12-month supervision
Examples of Class D Felonies in the U.S.
Here is a concrete list with real examples, because the article must avoid abstraction and give specifics.
1. Felony Theft
- Theft of property valued between $1,000–$25,000 (varies by state)
2. Drug Possession With Intent
- Possession of 10–50 grams of certain controlled substances
- Intent to distribute based on packaging or quantity
3. Burglary (Non-residential)
- Breaking into a business or storage unit
4. Fraud
- Check fraud above $500–$1,000
- Credit card fraud above state limits
5. Forgery
- Counterfeiting checks
- Forging government documents
6. Assault (Non-aggravated)
- Assault causing physical injury but not severe bodily harm
7. Domestic Assault (certain states)
8. Obstruction of Justice
- Destroying evidence
- Influencing witnesses
9. Criminal Mischief
- Property damage above the felony threshold
10. Stalking
11. Vehicular Crimes
- Felony DUI (3rd offense in some states)
- Hit-and-run causing injury
12. Weapon Possession
- Illegal firearm possession without a permit
- Possession by prohibited persons
13. Identity Theft
- Losses ranging $500–$2,500
14. Welfare Fraud
15. Insurance Fraud
16. Tax Fraud and Evasion
17. Embezzlement (small business cases)
18. Threatening Mass Harm (no weapon)
19. Harassment (felony level)
20. Child Endangerment (non-injury)
21. Animal Cruelty
22. Tampering With Public Utilities
23. Resisting Arrest (with injury)
24. Drug Manufacturing Equipment Possession
25. Illegal Sale of Fireworks or Explosives
26. Unlawful Possession of Prescription Drugs (large amounts)
27. Evading Police in a Vehicle
Each offense varies wildly by state law.
Punishment for a Class D Felony in the U.S.
Punishment ranges depend on whether the offense is violent, nonviolent, or repeat-related.
Average Sentencing Ranges (Across States)
| State | Prison Range | Max Fine |
|---|---|---|
| New York | 2–7 years | $5,000 |
| Kentucky | 1–5 years | $10,000 |
| Missouri | Up to 7 years | $10,000 |
| Arkansas | Up to 6 years | $10,000 |
| Nebraska | Up to 2 years | $10,000 |
Fines for Class D Felonies
Fines typically range from $5,000–$100,000, depending on type of crime, financial loss, whether restitution is required, whether the crime involved, and government agencies.
For example:
- Fraud often requires repayment + fine
- Assault may include victim restitution + fine
Probation for Class D Felonies
Most states allow 1–5 years of felony probation, especially for first-time offenders, nonviolent offenses, drug cases and financial crimes.
However, probation isn’t available when:
- mandatory minimum prison terms apply
- the crime includes violence
- the defendant has previous felonies
Learn More: Vehicular Manslaughter Charges & Penalties
Long-Term Consequences of a Class D Felony
A Class D felony sentence ends when the judge says it ends—but the consequences last for decades. In many states, a felony record remains permanent unless expunged.
According to the National Institute of Justice, nearly 60% of individuals with a felony record face long-term barriers in employment, housing, and education.
Here are the major areas affected.
Employment Consequences
Employers commonly conduct are background checks, criminal history searches, fingerprint screenings, and FBI database screenings. A Class D felony often results in automatic disqualification for federal jobs, rejection from licensed professions, loss of eligibility for high-security roles, reduced hiring for healthcare, finance, childcare, law, and government.
Industries Most Affected by Felony Records
- Education
- Healthcare
- Banking & finance
- Transportation
- Government work
- Security & law enforcement
Industries Often Willing to Hire Felony Applicants
- Construction
- Manufacturing
- Food service
- Retail (limited roles)
- Oil & gas
- Truck driving (after certain wait periods)
U.S. employers reject 27% of applicants due to criminal history alone (SHRM data).
Housing Consequences
Landlords routinely check eviction records, criminal backgrounds and credit reports. A Class D felony—especially involving violence, drugs, or property crimes—often leads to rental application denial, inability to qualify for government housing, higher security deposits and restrictions in certain neighborhoods.
HUD (U.S. Housing and Urban Development) prohibits lifetime bans only for:
- sex offenses
- meth production in government housing
But private landlords can deny applications at will.
Voting Rights
Voting rules vary significantly by state.States Where Felons Automatically Regain Voting Rights After Release are Colorado, New York, California, Illinois, Oregon, Washington, and Nevada.
States That Require Completion of Entire Sentence are Georgia, Alabama, Missouri and Arkansas.
States That Require Additional Application are Kentucky, Virginia and Tennessee.
More than 4.6 million Americans cannot vote due to felony convictions (Brennan Center for Justice).
Firearm Rights
Felony convictions—Class D included—result in loss of firearm rights in almost every U.S. state.
You permanently lose the right to buy guns, the right to own guns, and the right to possess ammunition. Federal law (18 U.S. Code § 922(g)) prohibits felons from firearm possession, and violations can result in up to 10 years in federal prison.
Some states allow restoration after:
- 5 years
- 10 years
- through a governor’s pardon
- through expungement
But federal restoration is extremely rare.
Immigration Consequences
For non-citizens, a Class D felony may trigger:
- deportation
- removal proceedings
- inadmissibility bars
- denial of green card applications
- loss of asylum protections
Drug offenses, theft offenses, fraud, and violent crimes often qualify as “crimes of moral turpitude” (CIMT), which can result in mandatory deportation.
Professional License Consequences
A Class D felony affects more than 46 major industries with licensing boards, including nursing, real estate, law enforcement, financial services, teaching, pharmacy, and trucking insurance.
Licensing boards may deny applications, suspend licenses, revoke existing licenses and require lengthy appeals.
Expungement & Record Sealing Rules by State
Expungement determines if a Class D felony can disappear from public records.
States Where Class D Felonies Are Often Eligible
- Kentucky (5-year wait)
- Missouri (3-year wait)
- Arkansas (5-year wait)
- Indiana (5-year wait under Level 6)
States With Limited Eligibility
- New York (10-year wait)
- Nebraska (rare)
- Tennessee (case-by-case)
States That Do Not Allow Expungement of Felonies
- Montana
- Alaska
- Florida (for most felonies)
Factors that affect eligibility:
- nature of the offense
- whether victims were harmed
- whether restitution was paid
- number of prior convictions
- completion of probation
- completion of treatment programs
Violent crimes, sex crimes, and weapon crimes are often ineligible.
Final Thoughts
A Class D felony sits in the middle range of the felony spectrum, yet it carries consequences that stretch far beyond the courtroom. Whether the crime involves theft, fraud, assault, drugs, or property damage, the long-term impact—on careers, housing, rights, and relationships—can last for years or even decades.
Understanding the penalties, expungement options, and possible outcomes helps individuals prepare for the road ahead, work toward rehabilitation, and regain stability. For those facing Class D felony charges, securing an experienced attorney and exploring every legal option—including plea deals and expungement—can make a substantial difference.
FAQs
What is the prison time for a Class D felony?
The prison range is typically 2–7 years, but some states allow up to 12 years.
Is a Class D felony serious?
Yes. It is a mid-level felony with long-term life consequences.
Can a Class D felony be reduced to a misdemeanor?
Yes, through plea bargaining or diversion programs, depending on the offense.
Can you get probation instead of prison?
Yes. First-time offenders often receive 1–5 years of probation.
Can Class D felonies be expunged?
In many states—yes, after 3–10 years. Violent crimes often cannot be expunged.
Does a Class D felony stay on your record forever?
If not expunged, yes.
Can you vote after a Class D felony?
Yes, in many states—but some require full sentence completion.
Can you own a gun after a Class D felony?
Not under federal law. Gun rights are typically lost permanently.
Can a Class D felony affect immigration status?
Yes. It can result in deportation, detention, or visa denial.
Will a background check show a Class D felony?
Yes. Felonies appear on nearly all background searches.
Does expungement restore firearm rights?
Not at the federal level. Federal law still prohibits possession.
Can employers deny you for a Class D felony?
Yes. Many industries reject felony applicants.
Does a Class D felony mean prison is mandatory?
Not always. Many states allow probation.
Can Class D felonies be sealed?
Some states allow sealing after 5–10 years.
How much are the fines?
Typically $5,000–$100,000, depending on the offense.
Are Class D felonies violent or non-violent?
Both. The classification includes a mix of crimes.
What are examples of Class D felonies?
Forgery, burglary, drug possession, assault, fraud.
Can Class D drug crimes be expunged?
Often yes, especially for possession.
How long does a Class D felony stay on background checks?
Forever, unless expunged.
Will a Class D felony affect child custody?
Yes. Courts consider violent or drug-related felonies in custody decisions.
Can Class D felonies be pardoned?
Yes, through governor-issued pardons.
Can you travel internationally with a Class D felony?
You may face limitations in countries like Canada and the U.K.
Can a Class D felony be dismissed?
Yes, through pretrial diversion, evidence issues, or plea deals.
Can I teach with a Class D felony?
Most states prohibit teachers with felony convictions.
Does a Class D felony affect student loans?
Nonviolent felonies usually do not affect loans. Drug felonies may require drug education programs.
