Who Qualifies for Designating a Felony to a Misdemeanor in Arizona?

You took a plea to a class 6 felony because the judge said it might end as a misdemeanor. Probation ended years ago and nothing changed. Every application still asks about a felony conviction, and you still do not know how to answer.

We handle Arizona record relief every day, and AZ Record Removal is owned and powered by Future First Criminal Law. Designation requests under A.R.S. § 13-604 are a core part of what we file.

What does it mean to designate a felony to a misdemeanor in Arizona?

Designation is the judge’s order giving an undesignated class 6 felony its final label as a class 1 misdemeanor. Under A.R.S. § 13-604(A), a judge sentencing someone for a class 6 felony has the option to hold off on the felony or misdemeanor label and place the person on probation. People call this an open class 6 or an undesignated felony. Our post on what an undesignated class 6 felony is covers that status in depth.

As of 2026, Arizona has two designation laws on the books. A.R.S. § 13-604 covers the classic open class 6. A.R.S. § 13-604.01 took effect on September 12, 2026 and reaches older class 4, 5, and 6 felonies the first law never touched. People search for felony to misdemeanor Arizona rules and land on both without knowing which one fits. This guide sorts you into the right one. Our designate to misdemeanor service page explains how we file.

Who qualifies to designate an undesignated class 6 felony?

You qualify under A.R.S. § 13-604 when four things line up. The conviction is a class 6 felony. The offense was not a dangerous offense, meaning no deadly weapon, no dangerous instrument, and no serious physical injury as A.R.S. § 13-105 defines those terms. The judge left the offense undesignated at sentencing and placed you on probation. And you completed probation and were discharged.

The judge already found at sentencing that a felony sentence would be unduly harsh, weighing the nature of the crime along with your history and character. If your judgment reads undesignated, that finding is done. You do not prove it again.

The strength of this path sits in A.R.S. § 13-604(C). When you successfully fulfill the conditions of probation and the judge discharges you, the law says the judge shall designate the offense a misdemeanor. Shall carries weight. It is an order the law directs the judge to enter, and many people never receive it because nobody filed the request. Read the full text of A.R.S. § 13-604 and the word sits in subsection C.

Who is shut out of designation under A.R.S. § 13-604?

Four groups fall outside the class 6 law. Anyone convicted of a class 2, 3, 4, or 5 felony, because the law reaches class 6 only. Anyone whose class 6 offense was a dangerous offense. Anyone who had two or more prior felony convictions at sentencing, because the law bars a judge from leaving a class 6 open for that person. And anyone whose judge designated the offense a felony at sentencing, since there is no open label left to close.

Probation revocation matters here too. When a judge revokes probation and sends someone to prison on an open class 6, the judge usually designates the offense a felony before imposing that sentence. That closes the A.R.S. § 13-604 door.

Landing in one of these groups does not end the conversation. Class 4 and 5 felonies, and class 6 felonies designated years ago, now have a second route under A.R.S. § 13-604.01, covered below. A set aside under A.R.S. § 13-905 stays available for most of these cases as well.

Do you have to finish probation before the judge will designate?

Yes, in almost every case. The point of leaving the label open is to watch how probation goes, so judges rarely designate while probation runs. The mandatory language in A.R.S. § 13-604(C) turns on successful completion and discharge.

If you are still on probation, the faster route is to shorten probation itself. A.R.S. § 13-901 lets a judge terminate probation early and discharge you when the ends of justice are served and your conduct on probation warrants it. We file the early termination request and the designation request together so one hearing handles both. Judges tend to want somewhere near half the term served, every class finished, and every dollar paid. No fixed percentage appears in the law. Our page on ending probation early in Arizona walks through what judges look for.

If probation ended years ago and the label is still open, you qualify now. Nothing in A.R.S. § 13-604 puts a deadline on asking.

Do unpaid fines or fees block designation?

Not by themselves. A.R.S. § 13-604(C) says the mandatory designation still applies to a person who owes money on the case, with two exceptions. The first is victim restitution. If you owe restitution, the judge is not required to designate until it is paid. The second is willful nonpayment. If the record shows you had the means to pay and refused, the judge is allowed to hold the order.

A leftover balance of court fees, probation fees, or a fine is not a bar on its own. That surprises people who assumed the open felony stayed open over a few hundred dollars owed to the clerk. We see it often. The person finished probation, got discharged, moved on, and the label sat open for a decade.

Pay what you owe if you are able, because a zero balance removes every argument the prosecutor has. Then file. Sealing is stricter on this point. Under A.R.S. § 13-911, every fine, fee, and restitution order must be paid before the sealing waiting period finishes running.

How do you find out whether your felony is undesignated?

Read the sentencing order. The judgment and sentence, or the sentencing minute entry, will say the offense is undesignated, or class 6 open, or that the judge refrained from designating it. If the judgment reads class 6 felony with none of that language, the judge designated it a felony at sentencing.

Most people do not have that document, and you do not need it to start. We pull the court record before you pay anything and tell you what it shows, including whether the case is open, whether probation was discharged, and what balance remains. You are also free to check the public record yourself with our guide to finding your Arizona criminal record online.

One warning. Some records show a designation order entered years ago that the background check company never picked up. That is a different fix, and a faster one. Knowing which problem you have comes first.

Who qualifies under the 2026 law for older class 4, 5, or 6 felonies?

A.R.S. § 13-604.01 came from HB 2749 and took effect on September 12, 2026. It lets a judge enter a class 1 misdemeanor judgment on a class 4, 5, or 6 felony conviction long after the case closed, even where the judge designated it a felony at sentencing. You qualify when every one of these is true.

• The offense was not a dangerous offense.
• You have no other felony conviction, before or since.
• The offense involved no victim.
• You completed every term of the sentence and paid every dollar owed, including restitution.
• At least five years have passed since you completed the sentence, with no new felony conviction and no new misdemeanor conviction involving a victim in that time.
• The judge finds the order serves the interests of justice.

Unlike the class 6 law, this one is discretionary from top to bottom. The judge weighs the request and the prosecutor gets to respond. Read A.R.S. § 13-604.01 in full, and see our HB 2749 breakdown for how the bill moved.

Which cases are excluded from the 2026 law?

Three convictions are shut out no matter how old they are or how clean your record has been since. Cruelty to animals under A.R.S. § 13-2910. Misconduct involving weapons under A.R.S. § 13-3102. Any offense that requires sex offender registration under A.R.S. § 13-3821.

Beyond those three, the disqualifiers live inside the conditions. A prior felony of any kind, in any state, ends the request. An offense with a victim ends it, and victim carries the meaning Arizona’s victims’ rights law gives it, so most assault, theft, and criminal damage cases will not fit. Drug possession and other cases with no identifiable victim tend to fit. A new felony, or a new misdemeanor with a victim, inside the five-year window resets you to zero.

The calendar matters too. The law ends after September 30, 2028 unless lawmakers vote to keep it. Judges take months to rule, so a request filed in the summer of 2028 runs a real risk of dying with the law. If you qualify, file early.

Does designation restore gun rights or seal the record?

No on both counts. Designation changes the class of the offense from felony to class 1 misdemeanor. It does not produce a court order restoring your right to possess a firearm, and it does not take the case out of public view.

Gun rights come back through a set aside. Under A.R.S. § 13-905, the judge who grants a set aside releases you from the penalties and disabilities of the conviction, and A.R.S. § 13-905(O) restores the right to possess a firearm, except for a serious offense. A.R.S. § 13-910 is the standalone firearm restoration law for cases where a set aside is not the right tool. Our page on restoring firearm rights in Arizona covers the differences.

Public view comes under control through sealing. A.R.S. § 13-911 takes the court record out of public databases, though it does not remove a news story, a Google result, or a mugshot site. Designation helps here in one concrete way. A class 6 felony conviction waits five years after you complete the sentence and pay every fine and fee before sealing opens. A class 1 misdemeanor waits three. Designate the offense and the shorter clock governs. Our record sealing page explains the rest.

Which path fits your situation?

Use this table to place yourself, then confirm it against the record.

Your situation	Path	Law
Open class 6, probation discharged, nothing filed	Designation, mandatory once conditions are met	A.R.S. § 13-604
Open class 6, still on probation	Early termination plus designation	A.R.S. § 13-901 and A.R.S. § 13-604
Class 6 designated a felony at sentencing, five years clean, no victim, no other felony	Misdemeanor judgment under the 2026 law	A.R.S. § 13-604.01
Class 4 or 5 felony, five years clean, no victim, no other felony	Misdemeanor judgment under the 2026 law	A.R.S. § 13-604.01
Class 2 or 3 felony	Set aside where eligible, then sealing after ten years	A.R.S. § 13-905 and A.R.S. § 13-911
Any felony with a second felony on your record	Set aside and sealing	A.R.S. § 13-905 and A.R.S. § 13-911

Most people who qualify for designation also qualify for a set aside and, once the waiting period runs, for sealing. We file all three together when the case fits, under one flat fee. Take the free eligibility quiz to see which rows apply to you.

Why should you choose AZ Record Removal?

Arizona record relief is the only work we do. AZ Record Removal is owned and powered by Future First Criminal Law, and our founder, Zachary Divelbiss, cleared six convictions from his own record before the firm cleared one for a client. We know the process from the client’s chair.

Concrete reasons, not slogans. We pull your court record and tell you what it shows before you pay. We tell you which law you fit and which ones you do not. We draft and file the applications. We track the judge’s docket and the prosecutor’s response so nothing stalls unnoticed. We handle every case virtually and statewide, so you never travel to a courthouse. The fee is one flat $1,700 per case, and it covers designation, set aside, and sealing together when your case qualifies for all three. No court fees, no add-ons. Full numbers sit on our pricing page. We hold 250+ five-star Google reviews, and our case victories page shows the orders judges have signed.

What should you do next?

Find out whether your case is open. That single fact decides which law applies and how strong your request is. If your class 6 was left undesignated and probation ended, the law directs the judge to sign the order, and the only thing missing is the filing. If the judge designated it a felony, or you carry a class 4 or 5, the 2026 law gives you a window that closes in 2028.

Call 602-900-6240. Phones are answered around the clock, and consultations are scheduled during business hours. Or start with the free eligibility quiz and we will follow up with what the record shows. No judge is required to grant a discretionary request, and no honest firm promises an outcome. What we do is put the right filing in front of the right judge.

Once you know you qualify, read how designation to misdemeanor helps an Arizona set aside and why we file the two together.

Frequently Asked Questions

Does an undesignated class 6 felony count as a felony on a job application?

Yes, until the judge signs the designation order. A.R.S. § 13-604(A) treats the offense as a misdemeanor for many purposes while it is open, but the public court record still lists a class 6 felony conviction, and a background check reports what the record says. Once the designation order is entered and the record updates, the case reads as a class 1 misdemeanor.

Is there a deadline to ask for designation under A.R.S. § 13-604?

No. The class 6 law sets no time limit. A person discharged from probation in 2009 with an open class 6 qualifies today. The 2026 law is different. A.R.S. § 13-604.01 requires at least five years since you completed the sentence, and the law itself ends after September 30, 2028 unless lawmakers vote to extend it, so timing matters there.

Do you need a lawyer to designate a felony to a misdemeanor?

No law requires one. Many people file on their own, and many of those filings stall because the request cites the wrong law, misses the discharge date, or leaves a restitution balance unaddressed. A lawyer confirms the case is open, frames the request under the right subsection, and answers the prosecutor’s response. Hire us and the filing, the tracking, and the follow-up sit with us.

Will the prosecutor object to a designation request?

Sometimes. On a mandatory request under A.R.S. § 13-604(C), the prosecutor has little room to object once probation was discharged and restitution is paid. On a request under A.R.S. § 13-604.01, the prosecutor often files a response, especially where any question exists about a victim or a prior. The judge weighs that response, so a strong filing answers it before it arrives.