The felony shoplifting amount varies by state, ranging from $200 in New Jersey to $2,500 in Texas and Wisconsin. Most states set the felony line somewhere between $1,000 and $1,500, and about 22 jurisdictions use $1,000 as the cutoff. Steal above your state’s threshold in a single incident and prosecutors can charge a felony instead of a misdemeanor, which is the difference between a fine and possible prison time, and between a record that fades and one that follows you.
Felony Shoplifting Thresholds in All 50 States
Each state legislature sets its own dollar figure for when theft crosses from misdemeanor into felony territory. Here is where each state stands as of 2026:
$200: New Jersey
$500: Alabama, Illinois, New Mexico
$750: Alaska, Florida, Hawaii, Indiana, Missouri, Washington
$900: Vermont
$950: California
$1,000: Arizona, Arkansas, District of Columbia, Idaho, Kentucky, Maine, Michigan, Minnesota, Mississippi, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Virginia, West Virginia, Wyoming
$1,200: Massachusetts, Nevada
$1,500: Delaware, Georgia, Iowa, Kansas, Maryland, Montana, Nebraska, New Hampshire, Rhode Island, Utah
$2,000: Colorado, Connecticut, Pennsylvania, South Carolina
$2,500: Texas, Wisconsin1World Population Review. Felony Theft Amount by State 2026
New Jersey sits alone at the bottom, which means even relatively low-value shoplifting can trigger felony prosecution there. Texas and Wisconsin sit at the opposite extreme. Since 2001, at least 30 states have raised their thresholds, largely to keep pace with inflation.2The Pew Charitable Trusts. The Effects of Changing State Theft Penalties
One boundary to keep in mind: every state also has categories of property that qualify as felony theft regardless of dollar value. Firearms, motor vehicles, controlled substances, and livestock are common examples where the item itself, not its price tag, drives the charge.1World Population Review. Felony Theft Amount by State 2026
When a Small Theft Becomes a Felony Anyway
The threshold above applies to a first-time offender who takes a single trip through a single store. Three other rules can bump a lower-value theft into felony territory.
Prior Theft Convictions
Most states have enhancement statutes that let prosecutors charge a misdemeanor-level theft as a felony based on your criminal history alone. Steal a $30 item with two prior theft convictions on your record, and you could face felony charges in many jurisdictions.
The number of priors needed varies. Some states trigger the enhancement after a single prior theft conviction; others require two or three. The type of prior matters too. Some states count any theft conviction, while others require the prior to have been specifically for shoplifting or retail theft.
Most states also impose a lookback period that limits how far back prosecutors can reach into your criminal history. Windows range from three years to ten years or more. A handful of states have no lookback limit at all, meaning any prior theft conviction from any point in your life can be used against you.
Aggregation of Multiple Thefts
You don’t have to steal above the threshold in one trip to face a felony. Aggregation rules let prosecutors combine the value of multiple items or multiple incidents. Walk out with ten items worth $120 each and the charge is based on the $1,200 total, not the individual price of each item.
The more aggressive form combines separate incidents over time. Many states allow prosecutors to add up thefts committed over a defined period, commonly 30 to 90 days, if they can show the thefts were part of a connected plan. Since 2022, at least nine states have passed new laws targeting organized retail crime, and several of those laws expanded aggregation windows or allowed combining thefts across different store locations and different victims. Courts look at timing, targeted stores, types of merchandise, and whether the goods were resold to decide whether a pattern exists.
The Item Itself
As noted above, some categories of property make a theft a felony no matter how little the item is worth. Firearms are the most common example. If the item falls into a per se felony category under your state’s law, the dollar threshold is irrelevant.
How Courts Value the Stolen Property
Whether a case lands as a misdemeanor or a felony often turns on how the court prices the merchandise. The standard in most states is fair market value at the time and place of the theft. For new retail goods, that usually means the listed price on the shelf or tag.
- Sale prices count. If an item was marked down to $800 from $1,200, the discounted price is what the court uses. That alone can move a case from felony to misdemeanor in a $1,000-threshold state.
- Sales tax is usually excluded. A $980 item in a state with 10% sales tax is still valued at $980 for threshold purposes.
- Damaged or used goods get appraised. Courts may rely on expert appraisals or comparable sale data.
Defendants have the right to challenge the prosecution’s valuation, and near the felony line this happens often. A retailer claiming a pair of sneakers is worth $1,050 when comparable shoes sell for $900 elsewhere is making a disputable claim. Defense attorneys routinely contest inflated valuations at preliminary hearings, and winning that argument can knock a felony charge down to a misdemeanor.
What a Felony Shoplifting Conviction Carries
Once a theft crosses the felony line, penalties jump sharply. Most states divide felonies into classes or degrees, with prison time and fines escalating as the stolen value climbs.
The lowest-tier felony theft convictions, covering amounts just above the threshold, generally carry prison sentences of six months to five years, depending on the state. Mid-range felonies for thefts in the tens of thousands can bring two to ten years. At the highest tiers, thefts exceeding $100,000 or $200,000 can result in sentences approaching life in prison in some jurisdictions.
Fines scale alongside imprisonment. Lower-tier felony theft fines commonly range from $5,000 to $10,000, though some states impose fines as a multiple of the stolen property’s value. On top of the fine, courts almost always order full restitution to the retailer, covering the value of any merchandise not recovered in sellable condition. Court costs, supervision fees during probation or parole, and public defender fees add up quickly on top of that.
Pre-Trial Diversion
Not every felony shoplifting charge ends in a conviction. Many jurisdictions offer pre-trial diversion programs that let eligible defendants avoid a permanent felony record. These programs typically require community service, theft-awareness classes, restitution, and a clean record during a supervision period. Complete the requirements and the charge is dismissed.
Eligibility varies, but most programs exclude people with prior felony convictions, violent offenses, or thefts above a certain dollar amount. Diversion is most realistic for first-time offenders caught just above the felony line, and it avoids nearly every collateral consequence described below.
Consequences That Outlast the Sentence
A felony shoplifting conviction creates a cascade of lasting consequences that most people don’t think about until it’s too late.
Firearms
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.3Office of the Law Revision Counsel. United States Code Title 18 922 – Unlawful Acts That covers virtually every felony theft conviction. The ban is permanent unless the conviction is expunged, pardoned, or the person’s rights are formally restored under state law. Violating the prohibition is itself a separate federal felony.
Immigration
For non-citizens, a felony theft conviction can be devastating. Under federal immigration law, a theft offense is classified as an aggravated felony if the sentence imposed is one year or more, and a suspended sentence counts toward that total.4Legal Information Institute. Aggravated Felony From 8 USC 1101(a)(43) An aggravated felony conviction makes a non-citizen deportable with almost no available defenses or waivers. Even a theft conviction that doesn’t reach that threshold can trigger deportation or block future immigration applications if it qualifies as a crime involving moral turpitude.
Employment and Professional Licenses
Employers running background checks will see the conviction, and for positions involving money, inventory, or trust, a theft felony is often disqualifying. “Ban the box” laws in many states and localities delay the question but don’t remove it; employers can still ask after a conditional offer. Federal EEOC guidance requires employers to consider the nature of the offense, the time elapsed, and the relevance to the job, but a recent felony theft conviction closes a lot of doors in practice.5U.S. Equal Employment Opportunity Commission. Arrest and Conviction Records – Resources for Job Seekers, Workers
Professional licensing boards for healthcare, finance, real estate, law, and education routinely deny or revoke licenses based on theft-related felony convictions. Any profession that requires a character evaluation treats a theft felony as a serious mark against the applicant.
Voting Rights
A felony conviction affects your right to vote, though the specifics vary widely. In two states and D.C., you never lose voting rights even while incarcerated. In roughly 23 states, rights are automatically restored on release from prison. In about 15 states, you also lose the right during parole or probation and must complete the full sentence first. In the remaining states, restoration requires a waiting period, a governor’s pardon, or other affirmative steps. Even where restoration is automatic, you still need to re-register.6National Conference of State Legislatures. Restoration of Voting Rights for Felons
Clearing a Felony Shoplifting Record
A felony shoplifting conviction doesn’t have to follow you forever in every state. The majority of states now offer some form of record relief, whether through expungement (destroying the record), sealing (hiding it from public view), or a set-aside (vacating the conviction while keeping the record).
Eligibility generally requires completing your full sentence including probation, paying all court-ordered fines and restitution, and remaining conviction-free for a waiting period of two to ten years depending on the state and the severity of the felony. A few states specifically list theft among the felonies eligible for sealing or expungement. Four states and the federal system still offer no general sealing or expungement for felony convictions.
An expunged or sealed felony typically doesn’t appear on standard background checks, which removes the biggest barrier to employment and housing. If you’re eligible, pursuing expungement is one of the highest-return legal steps you can take after completing a sentence.