A Class C felony in Hawaii is the state’s lowest felony tier, punishable by up to five years in prison and a fine of up to $10,000. Probation is available in most cases, but certain circumstances — a firearm, a vulnerable victim, a prior record — can trigger mandatory time behind bars or double the maximum sentence. And whatever happens at sentencing, a conviction follows you: Hawaii expunges almost no felony convictions, so the long game often matters more than the short one.
The Standard Sentence
The maximum prison term for a Class C felony is five years.1Justia. Hawaii Revised Statutes 706-660 – Sentence of Imprisonment for Class B and C Felonies It is an indeterminate sentence, which means the court sets the ceiling and the Hawaii Paroling Authority decides when, or whether, release happens before that ceiling is reached.
On top of prison time, the court can impose a fine of up to $10,000.2Justia. Hawaii Revised Statutes 706-640 – Authorized Fines Judges consider the defendant’s finances when setting the amount, but the ceiling itself does not change based on ability to pay.
When Probation Is Available
Most Class C felonies are probation-eligible. The court can withhold a prison sentence unless the defendant is a repeat offender under Hawaii’s mandatory sentencing statute, the offense involved a firearm triggering the mandatory minimums below, or the crime caused serious bodily injury to a child, an elderly person, or a person with a disability.3Justia. Hawaii Code 706-620 – Authority to Withhold Sentence of Imprisonment
The standard probation period for a Class C felony is four years. Offenses against persons under certain parts of chapter 707, family-related offenses under chapter 709, and some chapter 712 offenses carry a five-year period instead.4FindLaw. Hawaii Revised Statutes 706-623 – Periods of Probation
Probation comes with mandatory conditions — reporting to a probation officer, staying within the court’s jurisdiction, notifying probation of address or job changes, paying ordered restitution — and the court can add discretionary ones such as community service, substance abuse treatment, and association restrictions.5FindLaw. Hawaii Revised Statutes 706-624 – Conditions of Probation One condition catches people off guard: the court can require up to a year in jail as a condition of probation. A “probation” sentence in Hawaii can still include lockup time.
When the Sentence Gets Worse
Two mechanisms can push a Class C felony beyond the standard five-year ceiling or lock in time with no chance of parole.
Mandatory Minimums
If a firearm was involved in the offense, the court can impose a mandatory minimum of up to three years with no parole or probation. A second firearm felony raises that minimum to three years and four months. If the weapon was semiautomatic or automatic, the mandatory minimum climbs to five years, which effectively consumes the entire standard Class C sentence.6Justia. Hawaii Revised Statutes 706-660.1 – Sentence of Imprisonment for Use of a Firearm in a Felony
When a Class C felony causes the death of or serious bodily injury to a child, an elderly person, or a person with a disability, the court must impose a mandatory minimum of one year and eight months.7Justia. Hawaii Revised Statutes 706-660.2 – Sentence of Imprisonment for Offenses Against Children, Elder Persons, or Handicapped Persons Probation is unavailable in those cases.3Justia. Hawaii Code 706-620 – Authority to Withhold Sentence of Imprisonment
Extended Terms
Under HRS § 706-661, a judge can double the Class C maximum from five years to ten.8Justia. Hawaii Code 706-661 – Extended Terms of Imprisonment This applies when the defendant qualifies as a persistent offender (at least two prior felony convictions from separate adult incidents), a professional criminal (criminal activity as a major income source, or substantial unexplained resources), or a multiple offender (sentencing on two or more felonies at once, or already serving time for another felony).9Justia. Hawaii Revised Statutes 706-662 – Criteria for Extended Terms of Imprisonment Extended sentencing is not automatic; the prosecution must seek it and the court must find the criteria met.
Restitution and Fees
Restitution is separate from any fine. Under HRS § 706-646, the court must order restitution whenever the victim requests it and has verified losses, and the judge cannot reduce the total because the defendant can’t afford it — only the payment schedule can be adjusted.10FindLaw. Hawaii Revised Statutes 706-646 – Victims Restitution It covers full replacement value for stolen or damaged property, medical expenses including mental health treatment, funeral costs, and lost earnings. Unused bail money can be redirected toward restitution and fines. Hawaii also attaches mandatory court fees to felony convictions that fund the state’s crime victim compensation program, typically running from about $100 to $500.
The Deferred Plea Option
For a first-time defendant, this is often the most important conversation to have with a lawyer. Under HRS § 853-1, a defendant who pleads guilty or no contest before trial can ask the court to defer further proceedings. If granted, no judgment of guilt is entered. The defendant completes a deferral period set by the court, which cannot exceed the maximum sentence for the offense — up to five years for a Class C felony.11Justia. Hawaii Revised Statutes 853-1 – Deferred Acceptance of Guilty Plea or Nolo Contendere Plea
Finish the deferral without incident and the charges are dismissed. No conviction appears. The court must be satisfied the defendant is unlikely to reoffend and that the interests of justice do not require immediate punishment, and certain serious offenses are excluded. One year after dismissal, the arrest record itself becomes eligible for expungement.12Justia. Hawaii Revised Statutes 831-3.2 – Expungement Orders
What Counts as a Class C Felony
The tier covers a wide range of conduct. A few of the most common examples:
- Theft in the second degree — stealing property or services worth more than $750, taking property directly from a person, or stealing agricultural or aquacultural products from posted or fenced premises.13Justia. Hawaii Code 708-831 – Theft in the Second Degree
- Promoting a dangerous drug in the third degree — possessing any amount of a drug such as methamphetamine, heroin, or cocaine. Despite the statute’s name, this covers simple possession.14Justia. Hawaii Code 712-1243 – Promoting a Dangerous Drug in the Third Degree
- Unauthorized entry into a motor vehicle in the first degree — entering a vehicle without authorization intending to commit a crime against a person or property.15Justia. Hawaii Code 708-836.5 – Unauthorized Entry Into Motor Vehicle in the First Degree
One boundary worth flagging: a felon caught possessing a firearm is charged with a Class B felony, not a Class C.16Justia. Hawaii Revised Statutes 134-7 – Ownership or Possession Prohibited
What a Conviction Costs You Afterward
The sentence ends. The record doesn’t.
Firearms
Federal law bars anyone convicted of a crime punishable by more than one year from possessing firearms or ammunition, and every Hawaii felony clears that threshold. A Class C conviction triggers a lifetime federal ban.17Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Hawaii’s own law independently prohibits felons from owning or possessing firearms or ammunition, and violating that prohibition is itself a Class B felony.16Justia. Hawaii Revised Statutes 134-7 – Ownership or Possession Prohibited
Voting
Hawaii suspends voting rights only during actual incarceration. People on probation or parole can vote, and rights are restored automatically upon release, though re-registration through the normal process is required.18Justia. Hawaii Revised Statutes 831-2 – Rights Lost
Jury Service
Federal jury service requires that a person has never been convicted of a felony unless their civil rights have been legally restored.19United States Courts. Juror Qualifications, Exemptions and Excuses Because Hawaii restores most civil rights on release, people who complete their sentences may regain eligibility, but how the federal court reads restoration in a given case varies.
Housing
A felony conviction does not automatically disqualify someone from federally assisted housing, but Public Housing Agencies have broad discretion to deny applicants based on criminal history. Mandatory denials apply to methamphetamine production in federally assisted housing, eviction from federally assisted housing for drug activity within the past three years, and lifetime sex offender registration.20HUD Exchange. Are Persons With Felony Convictions Ineligible From Participation in the Program
Why Expungement Usually Isn’t an Option
Hawaii’s general expungement statute, HRS § 831-3.2, reaches only arrest records where no conviction resulted. If you were arrested but never convicted, you can apply to the Attorney General’s office to have the record annulled.12Justia. Hawaii Revised Statutes 831-3.2 – Expungement Orders
Narrow exceptions exist for actual convictions. First-time drug offenders sentenced under HRS § 706-622.5 and first-time property offenders sentenced under HRS § 706-622.9 may qualify for conviction expungement through those specific sentencing provisions.21Hawaii Attorney General. Expungements Outside those categories, a Class C felony conviction stays on your record for life. That is why the deferred plea route, when available, is often the single most valuable outcome to pursue — it is the only path that reliably leaves no conviction behind.