WHY
REDUCING AN ARIZONA FELONY TO A MISDEMEANOR
MATTERS
A felony conviction can continue to affect a person's life long after the sentence has been completed. Even individuals who have successfully completed probation, satisfied their financial obligations, and avoided further criminal conduct may encounter barriers associated with a felony record.
Arizona's new felony redesignation law, A.R.S. § 13-604.01, offers qualifying individuals an opportunity to seek a meaningful change in the legal classification of their convictions.
Although redesignation does not erase a criminal conviction, changing an eligible felony to a Class 1 misdemeanor may provide important practical benefits.
EMPLOYMENT AND PROFESSIONAL OPPORTUNITIES
Many employers consider an applicant's criminal history when making hiring decisions. A felony conviction may create additional obstacles, particularly in occupations involving professional licensing, background investigations, or positions of trust.
Redesignation to a misdemeanor may improve an individual's employment prospects, although employers and licensing authorities may still consider the underlying conviction and its circumstances.
HOUSING, EDUCATION, AND PERSONAL OPPORTUNITIES
A felony record can complicate applications for housing, educational programs, and other opportunities requiring criminal background disclosures.
Obtaining misdemeanor redesignation may reduce certain barriers associated with felony status. However, the practical effect depends on the applicable laws, policies, and requirements of the organization reviewing the person's criminal history.
MOVING FORWARD AFTER COMPLETING A SENTENCE
For many individuals, the significance of felony redesignation extends beyond employment or housing.
A person who has completed every requirement imposed by the court and maintained a law-abiding life may reasonably wish for their criminal record to reflect that progress.
Arizona's new law recognizes that, under carefully defined circumstances, redesignating an eligible felony conviction as a misdemeanor may serve the interests of justice.
The ultimate decision rests with the court, and each petition must satisfy the statute's eligibility requirements.
FELONY REDESIGNATION IS
NOT THE SAME AS EXPUNGEMENT OR RECORD SEALING
Arizona law provides several distinct forms of post-conviction relief. Understanding their differences is important when deciding which remedy may be appropriate.
Felony-to-Misdemeanor Redesignation
Under A.R.S. § 13-604.01, an eligible Class 4, 5, or 6 felony conviction may be redesignated as a Class 1 misdemeanor. The conviction remains, but its legal classification changes.
Set Aside of Conviction
Under A.R.S. § 13-905, qualifying individuals may seek an order setting aside a judgment of guilt. A set-aside does not erase the conviction or necessarily change its felony classification.
Sealing of Criminal Case Records
Under A.R.S. § 13-911, eligible individuals may petition to seal certain criminal case records, subject to statutory requirements and exceptions. Record sealing generally restricts public access but does not eliminate every circumstance in which the records may be disclosed.
Traditional Class 6 Felony Designation
A.R.S. § 13-604 provides a separate procedure involving certain Class 6 felonies that have not been designated as felonies. This differs from the new redesignation remedy under § 13-604.01.
These remedies serve different legal purposes, and eligibility for one does not necessarily establish eligibility for another. In appropriate circumstances, an individual may benefit from evaluating more than one form of relief.
ARIZONA'S NEW FELONY REDESIGNATION LAW HAS A
LIMITED WINDOW
Unlike many other forms of post-conviction relief, Arizona's new felony-to-misdemeanor redesignation law is not currently a permanent feature of the state's criminal code.
Enacted through House Bill 2749, A.R.S. § 13-604.01 became effective on September 12, 2026, and is scheduled to be repealed on October 1, 2028, unless the Legislature takes further action.
This limited statutory window makes timing particularly important for individuals considering relief.
The law requires that at least five years have elapsed since the individual completed all terms and conditions of the sentence, including applicable financial obligations. The waiting period is measured from sentence completion, not simply from the date of conviction.
For example, someone convicted in 2016 who completed all sentencing requirements in 2020 may satisfy the five-year waiting period in 2025, assuming the other statutory requirements are met. By contrast, an individual who completed the sentence in 2024 generally would not satisfy that requirement until 2029, after the statute's currently scheduled repeal.
Individuals who believe they may qualify should carefully review their sentencing records, payment history, and criminal history to determine whether they can seek relief while the law remains in effect.
The scheduled repeal does not itself establish a separate petition-filing deadline or guarantee how pending petitions will be treated. Those questions may depend on applicable law and any subsequent legislative changes.
For eligible individuals, timely evaluation can help avoid unnecessary delays and provide an opportunity to pursue relief under this new statutory provision.
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Frequently Asked Questions ABOUT ARIZONA FELONY REDESIGNATION
1. CAN A CLASS 4 OR CLASS 5 FELONY BE REDUCED TO A MISDEMEANOR IN ARIZONA?
Yes, potentially. Under A.R.S. § 13-604.01, certain qualifying Class 4, Class 5, and Class 6 felony convictions may be redesignated as Class 1 misdemeanors. This is a significant distinction from Arizona's traditional Class 6 undesignated-felony procedure. Eligibility depends on the nature of the conviction, criminal history, completion of sentencing requirements, and the court's determination that redesignation serves the interests of justice.
2. HOW LONG MUST I WAIT BEFORE REQUESTING FELONY REDESIGNATION?
At least five years must have elapsed since completion of all terms and conditions of the sentence, including required financial obligations. The waiting period begins upon completion of the sentence, not on the date of arrest or conviction. Other statutory eligibility requirements must also be satisfied.
3. CAN I QUALIFY IF I HAVE MORE THAN ONE FELONY CONVICTION?
The statute requires that the individual not have been previously convicted of a felony. Multiple convictions, including convictions entered in the same proceeding, require careful examination of the criminal history and the statutory language. Eligibility should not be assumed merely because the convictions arose from a single incident.
4. DOES A FELONY INVOLVING A VICTIM QUALIFY FOR REDESIGNATION?
Generally, no. A.R.S. § 13-604.01 excludes offenses involving a victim as defined under A.R.S. § 13-4401. Whether an offense falls within that exclusion requires examination of the conviction and the applicable statutory definitions.
5. WILL FELONY REDESIGNATION REMOVE MY CONVICTION FROM BACKGROUND CHECKS?
No. Redesignation changes the legal classification of an eligible felony conviction to a Class 1 misdemeanor; it does not erase the conviction or automatically seal the criminal case records. Depending on the circumstances, a separate petition for record sealing under A.R.S. § 13-911 may be appropriate.
6. CAN I APPLY IF I COMPLETED PROBATION MORE THAN FIVE YEARS AGO?
Potentially. If probation was the sentence imposed, successful discharge more than five years ago may satisfy the waiting-period requirement. However, all other sentencing conditions, including monetary obligations, must have been completed. The conviction must also satisfy the remaining statutory requirements.
7. ARE WEAPONS OFFENSES OR ANIMAL CRUELTY CONVICTIONS ELIGIBLE?
A.R.S. § 13-604.01 expressly excludes convictions under A.R.S. § 13-3102 (misconduct involving weapons), § 13-2910 (cruelty to animals), and § 13-3821 (sex-offender registration violations). Other convictions may also be ineligible because they involved a dangerous offense, a victim, or another statutory disqualification.
8. WHAT HAPPENS IF THE COURT DENIES MY PETITION?
A denial means the requested misdemeanor designation has not been granted. The consequences and available options depend on the reasons for denial, the procedural posture of the case, and applicable law. Other remedies, including setting aside a conviction or sealing eligible records, may still warrant consideration.
9. WHEN DOES ARIZONA'S NEW FELONY-TO-MISDEMEANOR LAW EXPIRE?
A.R.S. § 13-604.01 is currently scheduled for repeal on October 1, 2028. Unless the Legislature changes the law, this remedy will not remain available indefinitely. Individuals who may qualify should evaluate their eligibility while the statute remains in effect, particularly because obtaining sentencing records and resolving outstanding eligibility questions can take time.
