A.R.S. § 13-604
Reduce Your Arizona Class 6 Felony to a Misdemeanor
If your Class 6 felony was left "undesignated" at sentencing and you completed probation, the court is required to designate it as a misdemeanor on application. We prepare the application for $500.
- Free eligibility check (3 minutes)
- $500 if you qualify and decide to file
- No charge until your case detail form is complete
What "undesignated" means
When you were sentenced for a Class 6 felony, your judge had three options under § 13-604(A):
- Designate it a felony at sentencing (a Class 6 felony for life)
- Designate it a misdemeanor at sentencing (a Class 1 misdemeanor — never a felony at all)
- Leave it "undesignated" until you complete probation, then designate it based on your performance
If your judge chose option 3 — and didn't designate it as a felony at sentencing, and the parties didn't stipulate to a designated felony as part of the plea — your conviction is "undesignated" during the probation period.
While undesignated, your conviction sits in a hybrid state:
- For most purposes (employment applications, housing, professional licensing), it's treated as a misdemeanor
- For specific purposes (firearm rights, sentence enhancement, prior felony status, DNA collection), it's treated as a felony
After you complete probation, you can apply to the court to formally designate it as a misdemeanor. Under § 13-604(C), the court is required to grant the designation when you successfully complete probation — it's not discretionary at this stage.
Who qualifies
You qualify under § 13-604 if all of the following are true:
- Your Class 6 felony conviction was left undesignated at sentencing
- The plea/sentencing terms did not stipulate to a designated felony
- You successfully completed probation (all classes, treatment, drug testing, community service, restitution, fines)
- The offense was not dangerous (no use of deadly weapon, no infliction of serious physical injury)
- You did not have two or more prior felony convictions at the time of the Class 6 conviction
If your sentencing minute entry says "undesignated" or "open" or "Class 6 open" — you likely qualify.
Who doesn't qualify
- The judge designated it a felony at sentencing
- The plea agreement stipulated to a designated felony
- You had two or more prior felony convictions when the Class 6 was committed
- The offense was a dangerous offense (use of deadly weapon, infliction of serious physical injury)
- You did not successfully complete probation (failed to pay restitution, willfully failed to complete terms)
If you're outside § 13-604, your remedy may be set-aside under § 13-905 (which doesn't reduce the offense class but vacates the judgment) or sealing under § 13-911 (which hides it from public view after a waiting period).
Why this matters
A Class 6 felony — even an undesignated one — carries significant collateral consequences while it remains a felony for any purpose:
- You can't legally possess a firearm under federal law (or AZ § 13-3101)
- You can't vote until civil rights are restored
- You can't serve on a jury
- A subsequent felony conviction could trigger sentence enhancement under § 13-703
- Your DNA stays in the state database
Once it's formally designated a misdemeanor under § 13-604:
- It's no longer a felony for any purpose under Arizona law
- Firearm rights are no longer suspended (because misdemeanors don't suspend firearm rights, except for certain DV misdemeanors under federal law)
- It can't be used as a prior historical felony for sentence enhancement
- It cannot be used as a § 13-3101 prohibited-possessor predicate
How long does the Class 6 designation process take?
Typical timeline: 30 to 90 days from filing. No hearing is required by statute, and most judges sign the order on the papers because § 13-604(C) makes designation mandatory upon successful completion of probation.
The court must serve the prosecutor with notice; if no objection is filed within a reasonable time (usually 30 days), the order is signed.
What you get from us
For $500:
- The official AZ Superior Court application (CRF2M11f) with your information pre-filled
- The proposed order (CRF2M81f) for the judge to sign
- Pre-fill review checklist
- Court-specific filing instructions — the petition is filed in the court that handled your original case
- Personal-statement guidance for the explanation of why you're seeking the reduction
- Prosecutor-service mailing instructions with the prosecuting agency's correct address
- Required-attachments checklist (Discharge from Probation, payment history, completion documentation)
The court charges no filing fee for a § 13-604 application.
When you should hire an attorney instead
- Your sentencing minute entry is unclear about whether the offense was undesignated
- The prosecutor objected to your initial sentencing or has a history of objecting to Class 6 reductions
- You did not fully complete probation (e.g., probation was revoked and reinstated)
- You owe outstanding restitution
- You're seeking a designation for an out-of-state Class 6 conviction (the procedure differs)
Frequently asked questions
Is reducing a Class 6 felony the same as a set-aside?
No. § 13-604 designation changes the offense class from felony to misdemeanor. § 13-905 set-aside vacates the judgment of guilt but doesn't change the offense class. Many people qualify for both — file the Class 6 designation first, then set-aside (or both simultaneously). Your screening will tell you the optimal strategy.
Will I get my firearm rights back when my Class 6 is reduced to a misdemeanor?
Yes, in most cases. Misdemeanors don't suspend firearm rights under Arizona law. However, if you have a federal firearm restriction (e.g., misdemeanor domestic violence under 18 U.S.C. § 922(g)(9)) the federal restriction may still apply.
How do I know if my Class 6 was undesignated?
Check your sentencing minute entry — it'll typically say "Class 6 undesignated" or "Class 6 open." If it just says "Class 6 felony" without "undesignated," it was likely designated. If you're unsure, our screening asks specific questions about the wording on your sentencing documents.
How much does it cost?
$500 for our document preparation. $0 court filing fee. Compare to $1,500-$2,500 typical attorney fees in the Arizona market for this service.
Will employers see the original felony conviction?
The court record will show that the conviction was originally a Class 6 felony, with a notation that it has been designated as a misdemeanor. To remove the felony references entirely from your record, you would need to also seal the case under § 13-911 after the designation is complete. The sealing waiting period for a Class 1 misdemeanor (which it now is) is 3 years.
Can I apply if I'm still on probation?
No. § 13-604(C) requires "successful fulfillment of the conditions of probation and discharge by the court." You must be completely off probation before applying.
My attorney told me at sentencing it would be reduced automatically — is that true?
No. The reduction is not automatic. You must affirmatively file an application after probation ends. The court informs you of this right at sentencing under § 13-604, but many people forget or never file. If your probation ended years ago and you never filed, you can still file now — there is no expiration date.
Related services
- Set Aside Conviction under § 13-905 — file alongside or after Class 6 designation
- Seal Your Record under § 13-911 — completely hide the record from public view (after waiting period)
- Restore Firearm Rights under § 13-910 — if you need a written order
Stop having a felony on your record.
If your Class 6 was undesignated and you completed probation, the court is required to designate it a misdemeanor.
Check if I qualify →