The client carried a Class 6 Felony Possession or Use of Marijuana conviction out of Maricopa County Superior Court. Future First filed the Application to Designate the Offense as a Misdemeanor under ARS § 13-604 and the court granted the application in 96 days, redesignating the felony as a Class 1 Misdemeanor.
At a glance
| Original conviction | Possession or Use of Marijuana (ARS § 13-3405), Class 6 Felony (undesignated) |
| Application filed | Application to Designate the Offense as a Misdemeanor, ARS § 13-604, 2021 |
| Court | Maricopa County Superior Court |
| Result | Designated to Misdemeanor. The Class 6 Felony Possession or Use of Marijuana count redesignated as a Class 1 Misdemeanor. |
| Rights restored | The misdemeanor designation removes the felony-class federal firearm prohibition tied to the conviction. The misdemeanor record carries the lighter background-check weight of a misdemeanor. |
| Time from application to grant | 96 days from application filing to granted |
The challenge
Possession or Use of Marijuana under ARS § 13-3405 charged as an undesignated Class 6 Felony sits at the lowest felony tier on Arizona’s controlled-substance schedule. The class triggers the federal firearm prohibition that follows any felony for life and the felony-class designation drives the heavier weight on background checks across employment, housing, and licensing screens. The undesignated status leaves the case open to redesignation under ARS § 13-604.
ARS § 13-604 is the designate-to-misdemeanor statute. The statute reaches Class 6 Felony cases that were left undesignated at sentencing and meets the statutory criteria for redesignation. The application was the cleanup tool.
What we did
Future First filed the Application to Designate the Offense as a Misdemeanor under ARS § 13-604 in Maricopa County Superior Court. The application documented the undesignated status at sentencing, the completion of probation and any conditions, and the statutory factors the court weighs under § 13-604. The package laid out the qualifying status and the policy basis for the requested redesignation.
The 96-day grant cycle reflects how Maricopa County Superior Court moves on a § 13-604 application when the documentation is in order and the case fits the statutory framework. The assigned criminal division worked through the application and the redesignation analysis on the full file. The application held up at every step.
The judge signed the order. The Class 6 Felony Possession or Use of Marijuana count designated to a Class 1 Misdemeanor. The conviction record converts from a felony to a misdemeanor, removing the felony-class federal firearm prohibition and lightening the background-check footprint.
What our clients say
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If you have an undesignated Class 6 Felony on your record
ARS § 13-604 reaches undesignated Class 6 Felony cases. The statute lets the court redesignate the offense as a misdemeanor when the case meets the statutory criteria. The redesignation moves the record from a felony to a misdemeanor on the underlying conviction.
The downstream effects matter. A misdemeanor record does not trigger the federal firearm prohibition tied to felony status. Background checks return a misdemeanor instead of a felony, which lightens the weight on every screen. The set aside and sealing remedies still apply on the misdemeanor record.
The work on a § 13-604 application is the qualifying status analysis. The case has to have been undesignated at sentencing or eligible for redesignation under the statutory framework. Once that analysis is done and the package is filed, the application moves on the strength of the documentation.
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Call us
Want to clear your record in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.