The Arizona Class 6 Undesignated Felony form is a legal document used to request the reduction of a Class 6 undesignated felony conviction to a misdemeanor. This process is available to individuals who meet specific eligibility criteria, including not having prior felony convictions and ensuring that the felony did not involve serious physical injury or the use of a deadly weapon. To begin the application process, click the button below to fill out the necessary form.
The Arizona Class 6 Undesignated Felony form is an important tool for individuals seeking to have their felony convictions reduced to misdemeanors. This process can significantly impact a person's life, particularly in terms of employment opportunities and personal reputation. The form serves as an application to the court, allowing individuals to request a formal reduction of their Class 6 undesignated felony. To qualify for this reduction, specific criteria must be met. For instance, the conviction must remain undesignated at the time of application, and the individual should not have prior felony convictions that could disqualify them. Additionally, the nature of the felony must not involve serious physical injury or the use of a deadly weapon. The application packet includes essential forms and detailed instructions, guiding applicants through each step of the process. It is crucial for applicants to fill out the forms completely and accurately, ensuring that they provide all necessary information to support their request. Consulting with a lawyer before submitting the application can also be beneficial, helping to navigate any complexities and avoid potential pitfalls.
REDUCE CLASS 6 UNDESIGNATED FELONY to a
1
MISDEMEANOR
Forms and Instructions
©Superior Court of Arizona in Maricopa County
ALL RIGHTS RESERVED
CRF2M1c-5430-0812
SELF-SERVICE CENTER
APPLICATION TO REDUCE
CLASS 6 UNDESIGNATED FELONY
to a MISDEMEANOR
CHECKLIST
You may use these forms if . . .
The class six felony conviction is undesignated at the time of this application.
Prior to admitting to or being found guilty of this class 6 undesignated felony, you had not been convicted of two felony offenses.
The class 6 felony did not involve the intentional or knowing infliction of serious physical injury.
The class 6 felony did not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
Deadly weapon means anything designed for lethal use, including a firearm.
Dangerous instrument means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
You are NOT eligible for relief if the Court designated it a felony or the parties stipulated at the time of sentencing that the offense would be a designated felony.
READ ME: Consulting a lawyer before filing documents with the court may help prevent unexpected results. A list of lawyers you may hire to advise you on handling your own case or to perform specific tasks, as well as a list of court-approved mediators can be found on the Self- Service Center website at www.superiorcourt.maricopa.gov/SSC
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Self-Service Center
TO A MISDEMEANOR
This packet contains court forms and instructions to file a request for a Court Order to reduce a Class 6 undesignated felony to a misdemeanor. Items in BOLD are forms that you will need to file with the Court. Non-bold items are instructions or procedures. Do not copy or file those pages!
Order
File
Title
#
Number
Pages
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Checklist: “You may use these forms if . .
2
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Table of Contents (this page)
3
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Instructions: How to Fill Out Forms
4
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“Application for Court Order to Reduce Class 6 Felony”
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“Court Order to Reduce Class 6 Felony”
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PROCEDURES: What to do after you have completed all forms
The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa County. You have permission to use them for any lawful purpose. These forms shall not be used to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents. The documents are under continual revision and are current only for the day they were received. It is strongly recommended that you verify on a regular basis that you have the most current documents.
© Superior Court of Arizona in Maricopa County
CRF2M1t-110110
INSTRUCTIONS FOR APPLYING FOR CLASS 6 UNDESIGNATED FELONY TO
BE DESIGNATED A MISDEMEANOR
Please read the following before completing the attached Application.
Any information needed from the court to fully complete the Application is available at the Clerk of the Court’s Customer Service Center located at 601 West Jackson Street in downtown Phoenix. Hours are 8:00 a.m. to 5:00 p.m., excluding holidays and weekends. They may be contacted at 602-506-3360.
To be eligible to have your class six felony designated a misdemeanor, the following must apply:
1.The class six felony conviction must be undesignated at the time of the application. You are not eligible for relief if the Court designated it a felony or the parties stipulated at the time of sentencing that the offense would be a designated felony.
2.Prior to admitting to or being found guilty of the class 6 undesignated felony, you had not been convicted of two felony offenses.
3.The class 6 felony did not involve the intentional or knowing infliction of serious physical injury.
4.The class 6 felony did not involve the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
•Deadly weapon means anything designed for lethal use, including a firearm.
•Dangerous instrument means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
FILL OUT THE ENTIRE APPLICATION
In the body of the Application, explain what you are requesting and why. For example: “I want my felony conviction of a class 6 undesignated felony reduced to a misdemeanor to improve my ability to obtain employment.”
Write in the date you mailed or delivered the copy of the Application to the prosecuting agency.
2ND Form: ORDER DESIGNATING CLASS 6 FELONY AS A MISDEMEANOR
Write in your name as “Defendant”, the case number, and the name of the Class 6 felony to which you plead guilty or were otherwise convicted.
MAKE COPIES: Make 3 copies of the Application and 2 copies of the Order.
MAIL or DELIVER 1 copy of the Application to the agency that prosecuted your case, either the:
Maricopa County Attorney
Arizona Attorney General’s Office
301 W. Jefferson Street
OR
1275 West Washington Street
Phoenix, Arizona 85003
Phoenix, Arizona 85007
NEXT: Go to the “Procedures” page for information and instructions on how to file your Motion (and what to do with the extra copies).
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NAME:
ADDRESS:
CITY, STATE:
PHONE:
EMAIL:
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
FOR CLERK’S USE ONLY
STATE OF ARIZONA,
CASE NO:
PLAINTIFF
v.
APPLICATION TO
DESIGNATE A CLASS 6
,
UNDESIGNATED FELONY AS A
DEFENDANT
On the
day of
20
, I was convicted of
a class 6 undesignated felony, by
Judge
, in Maricopa County Superior Court.
This was either my first or second felony conviction. In addition, this class 6 felony conviction was not a dangerous offense in that it did not involve the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
The checked items apply to this application.
On the day of, 20 , I completed the conditions of my probation and
the Probation Department’s order discharging me from probation is in the Court file or attached to this form, OR
I am still on probation. My Probation Officer is
, and
I have complied with all required terms of my probation (including all employment, classes, community service, restitution, drug/alcohol testing, or other requirements), or
I have not complied with all terms of my probation.
If you have not complied with all terms of your probation, explain below:
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CRF2M11f-110310
APM
Case No.
I have been charged with or convicted of a felony offense since the date of my conviction for this offense. The case number and charges are as listed below.
Case Number
Name/type Felony Offense(s) Charged or Convicted of
I request that the class 6 undesignated felony of which I was convicted in this case, be designated a misdemeanor for the following reason(s)
Therefore, based on A.R.S. § 13-604, I respectfully request this Court designate the offense a misdemeanor.
Submitted this
, 20
.
Defendant’s Signature
Defendant’s Printed Name
CERTIFICATE OF MAILING
Original + one copy filed with the Clerk of the Court this
Month
Date
Year
One copy of this document was sent via first class mail or hand-delivered this (date below),
To:
OR, if the case was prosecuted by the Attorney General rather than the County Attorney, To:
Page 2 of 2
ORDER TO DESIGNATE
CLASS 6 UNDESIGNATED FELONY A
There being good cause, IT IS ORDERED designating the class 6 undesignated felony for the
conviction of the offense of
, a misdemeanor.
Done in open court this ______ day of ____________, 20___,
_____________________________
Judicial Officer
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PROCEDURES: HOW TO FILE THE FORMS TO HAVE YOUR CLASS 6 UNDESIGNATED FELONY RE-CLASSIFIED AS A MISDEMEANOR
STEP 1: Complete the Application and the Order (except for the Judge’s signature), and: Make 3 copies of the Application, and
Make 2 copies of the Order,
STEP 2: Prepare 2 envelopes, including postage: (if applicable* – see below)
Address one to the prosecutor’s office as directed in the “Instructions” document.* Address one to yourself (if you want the Court to mail the decision to you).
*If hand-delivering to the prosecutor’s office you may simply deliver the Application without
envelope (or in an envelope without postage).
STEP 3: GO TO THE CLERK OF COURT FILING COUNTER TO FILE YOUR PAPERS.
The Court is open from 8am-5pm, Monday-Friday. You may file your papers at any of the following Superior Court locations:
South Court Tower
Southeast Court Facility
175 West Madison,12th Floor
222 East Javelina Drive, 1st floor
Mesa, Arizona 85210
Northwest Court Facility
Northeast Regional Court Center
14264 West Tierra Buena Lane
18380 North 40th Street (40th Street & Union Hills)
Surprise, Arizona 85374
Phoenix, AZ 85032
Give ALL four of the Application forms to the Clerk at the Filing Counter. There is NO FEE for filing this Application. The clerk will stamp the original and copies, keep the original, and return the copies to you.
One copy is for the prosecutor’s office. Hand-deliver or insert Application in envelope and mail.
One copy is for the Judicial Officer assigned to your case.
One copy is for you to keep for your records.
STEP 4: Go to Criminal Court Administration (Ask Filing Counter for location). Deliver to the in-box of the Judge or Commissioner assigned to your case:
1 copy of the APPLICATION,
2 copies of the ORDER, and
The self-addressed stamped envelope addressed back to you.
If you do not know which Judicial Officer is currently assigned to your case, you may call Criminal Court Administration at 602-506-8575, or ask the person at the Administration counter for help. Alternatively, you may mail the above to:
Criminal Court Administration, 201 W. Jefferson Street, Phoenix, AZ 85003
WHAT NEXT? WAIT. There is no specific time limit for the Judge to rule on your request.
If you have not received a copy of the Court’s Order (if you provided an envelope), or
If no decision has been posted in the Clerk of Court’s Electronic Court Records (ECR) within 30 business days, you may inquire with the JA (Judicial Assistant) of the assigned Judge or contact Criminal Court Administration for an update.
You may register for free access to your online electronic court records at: https://ecr.clerkofcourt.maricopa.gov
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Filling out the Arizona Class 6 Undesignated Felony form involves a series of steps to ensure that your application is complete and accurate. After completing the form, it is necessary to follow specific procedures to submit your application to the appropriate authorities. Below are the steps to guide you through the process.
A Class 6 undesignated felony is a type of felony conviction in Arizona that has not been formally designated as a felony at the time of sentencing. This means that the court has not classified the conviction as a felony, allowing for the possibility of reducing it to a misdemeanor after certain conditions are met. It is important to note that this type of felony does not involve serious physical injury or the use of a deadly weapon.
To be eligible for a reduction to a misdemeanor, several criteria must be met:
If the court designated the felony or if there was a stipulation at sentencing for it to be a designated felony, the applicant is not eligible for relief.
Applicants must complete and submit specific forms, including:
Additionally, applicants should follow the provided instructions carefully to ensure all necessary information is included.
When filling out the Application, it is essential to clearly explain your request and the reasons behind it. For instance, you might state, "I want my felony conviction of a Class 6 undesignated felony reduced to a misdemeanor to improve my ability to obtain employment." Make sure to include the date you mailed or delivered a copy of the Application to the prosecuting agency.
Once the forms are completed, you should:
After that, follow the procedures outlined in the instructions to file your motion with the court.
While it is possible to apply for a reduction without legal representation, consulting a lawyer is highly recommended. Legal advice can help you navigate the process and avoid any potential pitfalls that could arise during the application.
After submitting your application, the court will review it. If the court finds that you meet all eligibility criteria, a hearing may be scheduled. During this hearing, you may need to present your case and explain why the reduction should be granted. The court will then make a decision based on the information provided.
Yes, you can apply for a reduction while on probation. However, you must demonstrate compliance with all terms of your probation. If you have completed your probation, ensure that you have the necessary documentation to support your application.
For additional information, applicants can visit the Clerk of the Court’s Customer Service Center located at 601 West Jackson Street in downtown Phoenix. The center is open Monday through Friday, from 8:00 a.m. to 5:00 p.m. You can also contact them at 602-506-3360 for assistance with the application process.
Incomplete Applications: Failing to fill out all required sections of the application can lead to delays or rejections.
Incorrect Case Information: Providing the wrong case number or details about the felony can cause confusion and hinder the process.
Eligibility Misunderstanding: Not confirming eligibility criteria, such as previous felony convictions or the nature of the offense, can result in ineligibility.
Neglecting to Sign: Forgetting to sign the application form is a common oversight that can render the submission invalid.
Missing Deadlines: Failing to submit the application within the required time frame can lead to automatic denial.
Improper Copies: Not making the correct number of copies for the court and the prosecuting agency can complicate the filing process.
Ignoring Instructions: Overlooking the specific instructions provided in the packet can lead to incomplete or incorrect submissions.
Failure to Notify Prosecutor: Not sending a copy of the application to the prosecuting agency can result in a lack of awareness regarding your request.
Not Seeking Legal Advice: Skipping consultation with a lawyer can lead to misunderstandings about the process and potential outcomes.
When applying to reduce a Class 6 undesignated felony to a misdemeanor in Arizona, several other forms and documents may be necessary. Each of these documents plays a vital role in the process. Below is a list of commonly used forms that accompany the application.
Having these documents prepared and organized can significantly streamline the application process. It is always advisable to consult with a legal professional if there are any uncertainties about the forms or procedures involved.
The Arizona Class 6 Undesignated Felony form is similar to the Application for Expungement. Both documents serve as requests to the court for relief from past convictions. The expungement process allows individuals to clear certain criminal records, while the Class 6 form seeks to reduce a felony conviction to a misdemeanor. Each application requires specific eligibility criteria, such as the nature of the offense and the individual’s prior criminal history. Both forms are designed to help individuals reintegrate into society by providing a pathway to a cleaner record.
Another similar document is the Motion for Modification of Sentence. This motion allows individuals to request a change in their sentencing terms. Like the Class 6 Undesignated Felony form, it requires the applicant to demonstrate that they meet certain conditions for modification. Both documents aim to provide relief to individuals who have faced legal consequences, thereby promoting rehabilitation and reducing barriers to employment and other opportunities.
The Certificate of Restoration of Rights (CRR) is also comparable. This document restores an individual's civil rights after completing their sentence, including the right to vote and hold public office. Similar to the Class 6 form, the CRR process considers the nature of the original offense and the individual's compliance with legal obligations. Both documents facilitate a smoother transition back into society by reinstating rights that may have been lost due to a felony conviction.
The Application for Certificate of Good Standing shares similarities with the Class 6 Undesignated Felony form. This application is often used by individuals seeking to demonstrate their rehabilitation and good character to employers or licensing boards. Both forms require proof of compliance with legal obligations and may help individuals enhance their employment prospects. They serve as tools for individuals looking to move forward positively after a felony conviction.
Another related document is the Petition for Pardon. This petition seeks forgiveness from the state for a past crime, similar to how the Class 6 form seeks to reduce a felony. Both processes require individuals to provide evidence of rehabilitation and demonstrate that they have changed since their conviction. While a pardon can completely erase the consequences of a felony, the Class 6 form offers a more immediate remedy by changing the classification of the offense.
The Application for Reinstatement of Professional License is also relevant. Individuals with felony convictions may face barriers to obtaining or retaining professional licenses. This application allows them to request reinstatement after demonstrating rehabilitation, similar to the relief sought in the Class 6 form. Both documents aim to provide individuals with the opportunity to pursue their chosen careers despite past legal issues.
The Request for Early Termination of Probation is another document that aligns with the Class 6 Undesignated Felony form. This request allows individuals to seek an end to their probation period early, provided they have complied with all terms. Like the Class 6 application, it requires proof of good behavior and compliance with court orders. Both processes aim to facilitate a smoother transition back into everyday life.
Additionally, the Application for Restoration of Firearm Rights is comparable. This application allows individuals with felony convictions to request the restoration of their rights to possess firearms. Similar to the Class 6 form, it requires individuals to meet specific eligibility criteria and demonstrate that they have fulfilled their legal obligations. Both documents serve as pathways for individuals seeking to regain rights that were lost due to past convictions.
Finally, the Motion to Vacate Conviction is similar in that it seeks to nullify a previous conviction. This motion allows individuals to challenge the validity of their conviction based on specific grounds, such as new evidence or legal errors during the trial. Like the Class 6 Undesignated Felony form, it provides individuals with a means to address past legal issues and work towards a better future.
Things to Do:
Things Not to Do:
Misconceptions about the Arizona Class 6 Undesignated Felony form can lead to confusion and missteps in the application process. Here are five common misconceptions: