How Does Designation to Misdemeanor Help an Arizona Set Aside?

You finished probation on a class 6 felony, the judge left it undesignated, and now you want the conviction set aside. You want your gun rights back and the case off background checks. Nobody told you which filing goes first, or that one of them makes the others work better.

Arizona record clearing is the only work we do, and we file designation and set aside requests together every week. AZ Record Removal is owned and powered by Future First Criminal Law.

What does designating a felony to a misdemeanor do?

Designation changes your conviction from a class 6 felony to a class 1 misdemeanor. Under A.R.S. § 13-604(A), a judge sentencing someone for a class 6 felony that was not dangerous has the option to leave the offense undesignated and place the person on probation. Until the designation order is entered, the offense is treated as a misdemeanor for all purposes, except for the seven purposes listed in A.R.S. § 13-604(B): felony probation, DNA collection, firearm rights, use as a historical prior, impeachment, sentence enhancement, and a lifetime injunction.

When you complete probation and the judge discharges you, A.R.S. § 13-604(C) says the judge shall designate the offense a misdemeanor. An unpaid balance does not block it unless the balance is victim restitution or you willfully refused to pay. Read the full text of A.R.S. § 13-604, then see how we handle designating a felony to a misdemeanor.

What does a set aside do under A.R.S. § 13-905?

A set aside sets aside the judgment of guilt and dismisses the charge. Under A.R.S. § 13-905(D), the judge releases you from the penalties and disabilities of the conviction, with narrow exceptions for driver license penalties, Game and Fish penalties, and a lifetime injunction. The conviction does not vanish. A.R.S. § 13-905(E) keeps it usable as a prior in a later case, and the case stays on the public court record until a sealing order takes it down.

Anyone who has completed probation or the sentence and been discharged is allowed to apply under A.R.S. § 13-905(A). A.R.S. § 13-905(B) bars the clerk from charging a filing fee. A.R.S. § 13-905(P) shuts out dangerous offenses, offenses requiring sex offender registration, offenses with a sexual motivation finding, and felonies with a victim under fifteen. Read A.R.S. § 13-905 in full, and see our set aside service page for how the filing works.

Is a set aside available on an undesignated class 6 felony?

Yes. A.R.S. § 13-905(A) opens the set aside to any conviction once probation is complete and the judge has discharged you. It never asks whether the offense was designated.

The problem is what you end up with. Set aside an undesignated class 6 without designating it and the public record reads class 6 felony, set aside and dismissed. The word felony stays. Background screeners copy what the record says, and most job applications ask whether you have ever been convicted of a felony. A set aside alone leaves that answer complicated. Designate first and A.R.S. § 13-604(A) treats the offense as a misdemeanor for all purposes, so the felony question gets a clean no. Our post on whether employers see a set aside conviction covers how screeners report these cases. Pull your own record through our Arizona record search so you know what a screener sees today.

Does designation help the judge grant the set aside?

It helps because it proves the part of your story the judge weighs most. A.R.S. § 13-905(C) lists the factors on a set aside: the nature of the offense, your compliance with probation, your prior convictions, the victim’s input and whether restitution is paid, the time since you completed the sentence, your age at conviction, and anything else relevant.

A designation order under A.R.S. § 13-604(C) exists only when probation ended in a successful discharge. So a designated case walks into the set aside hearing with a signed order, in the same case, saying you did what probation asked. The two filings agree with each other, and the judge sees that. No judge is required to grant a set aside, and designation does not force the result. It removes one question the judge would otherwise answer from scratch.

Does designation plus a set aside restore your gun rights?

Together, yes, unless the conviction was a serious offense. A.R.S. § 13-604(B) keeps firearm rights on the felony side until the designation order is entered. Designation moves the offense to a class 1 misdemeanor, but it produces no order saying your rights are restored, and that order is what a dealer, a prosecutor, and a fingerprint reviewer look for.

The set aside produces it. A.R.S. § 13-905(O) states that when a conviction is set aside, the person’s right to possess a firearm is restored, except for a serious offense. A class 6 that started undesignated is rarely a serious offense, so the carve-out seldom applies. File both and you leave with a designated misdemeanor and a signed order restoring firearm rights. One caution: a set aside entered before 2022 did not restore rights on its own, so an older set aside needs a fresh request under A.R.S. § 13-910. Our page on restoring firearm rights covers those cases.

How does designation shorten the wait to seal after a set aside?

A set aside does not shorten the sealing wait. Designation does. A.R.S. § 13-911 measures the wait from the day you complete the nonmonetary terms of your sentence and the judge discharges you. A class 4, 5, or 6 felony waits five years. A class 1 misdemeanor waits three. A case dismissed outright or ended in a not-guilty verdict has no wait at all. A set aside dismissal is different, because the sealing law still counts the underlying conviction by its class.

As of 2026, the sealing law works this way. Designate the class 6 and the three-year clock governs. Someone discharged four years ago goes from a year out to eligible today. You must be current on every fine, fee, and restitution order when you file, under A.R.S. § 13-911(G). Sealing removes the case from the public court record and from most background checks. It does not remove a news story, a Google result, or a mugshot site. Read A.R.S. § 13-911 and our page on sealing records. Our report on how long sealing takes covers the 60-day window built into every sealing ruling.

Does designation change the Certificate of Second Chance?

Yes, in two ways most people miss. A.R.S. § 13-905(K) tells the judge to issue a Certificate of Second Chance with the set aside. For a misdemeanor, the certificate comes with the set aside order and no waiting period. For a class 4, 5, or 6 felony, at least two years must pass after you finish probation or the sentence. Designate the class 6 first and the certificate is issued the day the set aside is granted.

The second way matters for anyone with more than one case. Under A.R.S. § 13-905(L), a person who received a certificate on a felony is not eligible for another one on a later felony. A certificate on a designated misdemeanor does not spend that single felony certificate. The certificate, under A.R.S. § 13-905(M), lifts occupational licensing barriers tied to the conviction and protects employers and landlords who take you on. Our post on the Certificate of Second Chance explains it in practice.

Which do you file first, designation or the set aside?

File them together and ask the judge to rule on designation first. Nothing in A.R.S. § 13-604 or A.R.S. § 13-905 dictates an order, but the order the judge signs them in decides what the record says. Designation first, then set aside, leaves a dismissed misdemeanor. The reverse leaves a dismissed felony that gets relabeled later, and the docket history shows both steps.

One filing also means one hearing, one prosecutor response, and one ruling date. When the sealing wait is already met, the sealing application goes in the same package. Filing designation alone and coming back later for the set aside is legal. It doubles your time in front of the judge and gives the prosecutor two chances to object instead of one.

When are you eligible to file both?

The day the judge discharges you from probation or your sentence. A.R.S. § 13-905(A) requires discharge before a set aside application. A.R.S. § 13-604(C) triggers mandatory designation at that same discharge. Both doors open at the same moment, which is why we treat them as one filing. If you were discharged years ago and nobody filed anything, you are eligible now.

If probation still has time left, the route is early termination under A.R.S. § 13-901. A judge is allowed to end probation early and discharge you when your conduct on probation warrants it. Judges tend to want about half the term served, every class finished, and every dollar paid. We file the early termination request with a designation request attached, so one order closes probation and designates the offense. Our page on ending probation early walks through it.

What if your felony was never left undesignated?

A new law reaches it. A.R.S. § 13-604.01 took effect on September 12, 2026. It lets a judge enter a class 1 misdemeanor judgment on a class 4, 5, or 6 felony that was not dangerous, years after the case closed. The requirements are strict: no prior felony conviction, no victim, every term of the sentence complete and every dollar paid, at least five years since you completed the sentence with no new felony and no new misdemeanor involving a victim, and a judge who agrees the order is warranted.

Cruelty to animals, misconduct involving weapons, and any offense requiring sex offender registration are shut out. The law expires after September 30, 2028 unless lawmakers extend it. Once the misdemeanor judgment is entered, the set aside dismisses a misdemeanor instead of a felony, and the case seals as a misdemeanor. Our breakdown of HB 2749 and our post on who qualifies to designate a felony to a misdemeanor cover eligibility.

How much does designation plus a set aside cost?

One flat fee of $1,700 per case. That fee covers every type of relief your case qualifies for when we file them together, so designation, set aside, and sealing ride on the same $1,700. No court costs, no prosecutor fees, no hearing surcharge, and no travel charge for a case outside Phoenix. A.R.S. § 13-905(B) bars the clerk from charging a filing fee on a set aside application, so no hidden court cost sits behind the flat fee.

Every case after the first is $500 off, which brings it to $1,200. Hire us within 24 hours of your consultation and take $200 off. Payment plans are available. Ending probation early is always its own $1,700, because it gets filed while probation is still running. Full numbers live on our pricing page.

Why should you choose AZ Record Removal?

Arizona record clearing is all we do. We file the designation, the set aside, and the sealing as one package when your case qualifies, and we track the docket until the judge rules. Before you pay, we pull your record and tell you what it shows and which filings it qualifies for. If designation is the only piece worth filing today, we say so.

AZ Record Removal is owned and powered by Future First Criminal Law. Our founder, Zachary Divelbiss, used a set aside and sealing to clear six convictions from his own past before he cleared anyone else’s. We work statewide and handle everything virtually, so you never travel to a courthouse. The firm has 250+ five-star Google reviews. Phones are answered around the clock at 602-900-6240, and consultations are scheduled during business hours. Our case victories page lists set aside grants by county and offense.

What should you do next?

Find out which filings your case qualifies for before anything gets filed. An undesignated class 6 with probation finished qualifies for designation today and, in most cases, a set aside the same day. Take our free eligibility quiz and you will know in a few minutes. Then call 602-900-6240. We will tell you what we would file, in what order, and what it costs. No judge is required to grant any of it. Getting the right filings in front of the right judge in the right order is the work, and it is the only work we do.

Frequently Asked Questions

Does a set aside turn a felony into a misdemeanor in Arizona?

No. A set aside under A.R.S. § 13-905 sets aside the judgment of guilt and dismisses the charge, but it leaves the class of the offense alone. A class 6 felony that is set aside is still a class 6 felony on the record. Designation under A.R.S. § 13-604 is the order that changes the class, which is why we file it first.

Does designation shorten the wait for a Certificate of Second Chance?

Yes. Under A.R.S. § 13-905(K), a misdemeanor set aside comes with the certificate at once, while a class 4, 5, or 6 felony waits two years after you finish probation or the sentence. Designate the class 6 before the set aside and the judge issues the certificate with the set aside order, with no two-year wait attached.

Can you seal a case right after the set aside is granted?

Not on the strength of the set aside alone. A set aside is not a vacated conviction under A.R.S. § 13-911, so the sealing wait still runs on the class of the offense. A designated class 1 misdemeanor waits three years from discharge. A class 6 felony waits five. Once the wait is met, the sealing and set aside applications file together.

What if the judge designates but denies the set aside?

You keep the designation. The two rulings are separate, and a misdemeanor designation stands on its own. Ask what the judge found lacking, whether it was unpaid restitution, a victim objection, or too little time since discharge. Fix that gap and file the set aside again. Nothing in A.R.S. § 13-905 bars a second application after a denial.