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Arizona Class 6 Felony Designation Guide (A.R.S. § 13-604)

Last updated May 2026. The pathway from undesignated felony to misdemeanor.

What "undesignated" means

In Arizona, certain Class 6 felonies can be left "undesignated" or "open" at the time of sentencing. This means the judge has not yet decided whether to formally designate the offense as a felony or as a misdemeanor. The designation decision is deferred until the petitioner completes probation.

If you have an undesignated Class 6 felony, A.R.S. § 13-604 allows you to apply for misdemeanor designation after probation completion. The court "shall designate" the offense as a misdemeanor unless certain disqualifying conditions exist. This is among the strongest forms of statutory relief in Arizona — it's a presumption-of-reduction structure.

Why this matters

A Class 6 felony, even an undesignated one, carries significant collateral consequences while it remains a felony of record:

• Loss of civil rights (vote, jury, public office)
• Federal firearm bar under 18 U.S.C. § 922(g)(1)
• Employment background-check disclosure
• Limits on professional licensing (nursing, teaching, real estate, etc.)
• Public housing restrictions in some circumstances
• Immigration consequences for non-citizens

Designation as a misdemeanor eliminates most of these consequences. The offense becomes a Class 1 misdemeanor, civil rights remain intact (or are restored), the federal firearm bar may not apply, and the conviction is treated as a misdemeanor for most legal purposes including future sentencing.

Who qualifies

To qualify for § 13-604 designation, you must satisfy all of the following:

1. The offense was a Class 6 felony. Other classes do not qualify.
2. The offense was left undesignated at sentencing. Verify this on the minute entry — it should say "Class 6 undesignated," "Class 6 open," or similar. If the minute entry says "Class 6 felony" without the "undesignated" qualifier, the offense was likely designated and § 13-604 doesn't apply.
3. The offense was not a dangerous offense. Section 13-604 explicitly excludes dangerous offenses (use of a deadly weapon or knowing infliction of serious physical injury under § 13-704).
4. You did not have two or more prior felony convictions at the time of conviction. If you had two or more priors when this offense was committed, § 13-604 designation is barred.
5. You completed probation and were discharged. The court requires a Discharge from Probation order. If you are still on probation, you cannot apply yet. If you were sentenced to prison rather than probation, § 13-604 doesn't apply — designation is conditional on probation completion.

"Shall designate" — the presumption

Section 13-604(C) uses mandatory language: when the conditions are met, the court "shall designate" the offense as a misdemeanor. This is a strong statutory presumption favoring designation. Unlike set-aside (which is fully discretionary) or sealing (which has more procedural complexity), Class 6 designation should be granted as a matter of course when the petitioner qualifies.

In practice, denials of properly-prepared § 13-604 applications are rare. The most common reasons for denial are procedural — missing discharge documentation, incorrect form, or filing while still on probation.

The application process

1. Confirm probation discharge. Get a copy of your Discharge from Probation order from your probation department.
2. Verify the minute entry. Pull the original sentencing minute entry to confirm the offense was left undesignated. If you can't find it, the court clerk's office can provide a copy.
3. File application with the convicting court. The Superior Court that imposed the original sentence has jurisdiction.
4. Notice to the prosecutor. Serve the county attorney's office.
5. Prosecutor response window. Typically 30 days.
6. Court ruling. Usually granted on the papers without a hearing.

Combining § 13-604 with other relief

Class 6 designation can be combined with other forms of relief:

• § 13-905 set-aside: After designation as a misdemeanor, you can file a separate set-aside application. The combination produces a "set aside misdemeanor" record, which is among the cleanest possible Arizona record statuses.
• § 13-911 sealing: Once designated as a misdemeanor, the waiting period for sealing drops from 5 years (Class 6 felony) to 2-3 years (misdemeanor). This is a significant timing advantage.
• § 13-907 / 13-908 civil rights: Generally not needed after designation, since misdemeanors don't suspend civil rights. But if you had multiple felonies, restoration may still be relevant.

Court filing fee

$0. Like other AZ record-relief filings, § 13-604 designation applications carry no court filing fee.