When you were facing your criminal charge, you might have heard the term “Class 6 Undesignated Felony”: often called an “Open” Felony or a “Wobbler.” This is a critical step towards getting a Misdemeanor Designation.
If you successfully negotiated this charge, you took a critical first step. It meant your conviction started as a felony, but it came with a promise: a path to have that felony officially converted into a misdemeanor if you successfully completed probation.
However, many people finish probation and forget that one final, crucial step: Filing the motion for Misdemeanor Designation. If you don’t file the paperwork, that felony remains on your record.
At Castillo Law, we don’t let our clients forget that final step. As part of our “New Year, New Future” campaign, we are helping people who have served their time finalize this life-changing reclassification under A.R.S. § 13-604.
Why Does Misdemeanor Designation Matter?
The difference between a Class 6 Felony and a Class 1 Misdemeanor is enormous.
| Feature | Class 6 Felony (Undesignated) | Class 1 Misdemeanor (Designated) |
| Public Stigma | High. Severe restrictions on employment, housing, and background checks. | Low. Often viewed as a lower-risk offense, opening more doors. |
| Future Penalties | Can be used as a “Historical Prior Felony” to double or triple the sentence for any future offense. | Cannot be used as a prior felony conviction to enhance a future sentence. |
| Civil Rights | Until designated, it impacts certain rights (especially for offenses before July 2022). | Rights (voting, jury duty) are fully restored or were never lost. |
If you earned the reduction, it is time to officially claim it.
Are You Eligible for Misdemeanor Designation?
The path to a Misdemeanor Designation is clear, but strict. Your conviction must meet the following criteria:
- It Must be Class 6: This is the only class of felony in Arizona that is eligible for this designation.
- It Must Be Undesignated: The court must not have officially declared it a felony at the time of sentencing.
- It Must Not Be a Dangerous Offense: The crime cannot have involved the intentional infliction of serious physical injury or the use of a deadly weapon/instrument.
- You Must Have Successfully Completed Probation: This means you were discharged from supervision, and ideally, all restitution has been paid.
Crucial Point: Arizona law states that if you successfully fulfill the conditions of your probation, the court shall (must) designate the offense as a misdemeanor. This is not a request for a favor; it is a request to finalize the contract you fulfilled.
The Critical Next Step
It is a common error to assume the court automatically updates your record when you finish probation. It often does not. You must file a formal Motion to Designate to trigger the final court order.
When Castillo Law handles this for you, we:
- Verify Compliance: We confirm with the court and probation office that all terms (fines, restitution, community service) were met.
- File the Motion: We prepare the formal application, citing the specific Arizona statute and emphasizing the mitigating factors that make this designation mandatory and just.
- Finalize the Record: We ensure the final court order is properly filed and your record is accurately updated to reflect your new misdemeanor status, giving you the best chance for a truly fresh start.
You did the hard work to earn the reduction. Let us help you formalize the clean slate.
Start My Free Misdemeanor Designation ReviewOr call Castillo Law at (480) 206-5204 to speak with our team.
