A Class 6 felony is the lowest felony classification under Arizona law, but that does not make it a minor charge. A conviction can still affect employment, housing, professional licensing, voting rights, firearm rights, background checks, and other important parts of a person’s life.

However, certain Class 6 felony cases offer an opportunity that is generally unavailable with more serious felony classifications. Depending on the offense, the defendant’s criminal history, the circumstances of the case, and the terms of the resolution, the court may leave the offense undesignated.

An undesignated offense, formerly referred to as an undesignated Class 6 felony, has not yet received a final designation as either a felony or a misdemeanor. If the defendant successfully completes probation and satisfies the applicable requirements, the court may later officially designate the conviction as a misdemeanor.

This can substantially reduce the long-term consequences of the case. It does not erase the conviction or make the arrest disappear, but it can change how the offense is classified and how it affects future opportunities.

Not every Class 6 felony is eligible, and not every plea agreement leaves the offense undesignated. It is therefore important to understand the difference between a regular designated Class 6 felony conviction, an undesignated offense, and a Class 6 charge that is immediately resolved as a misdemeanor.

What Is an Undesignated Class 6 Felony?

An undesignated offense, or an undesignated Class 6 felony, is a criminal conviction that the court has temporarily left open rather than immediately classifying it as a felony or misdemeanor.

At sentencing, the court may place the defendant on probation and refrain from making a final designation. The defendant then has an opportunity to complete probation, comply with court orders, and demonstrate that misdemeanor treatment is appropriate.

The offense does not become undesignated simply because it is charged as a Class 6 felony. Undesignated status must be included in the plea agreement and sentencing order. 

A plea agreement may specifically state that the offense will remain undesignated during probation. In other cases, the parties may disagree about designation and present arguments to the judge. The precise terms matter because a Class 6 felony that is designated as a felony at sentencing does not carry the same automatic path toward misdemeanor treatment.

Arizona law generally treats an undesignated offense as a misdemeanor while its final designation remains pending. However, the same offense is still treated as a felony for several important legal purposes, including felony probation, DNA collection, firearm possession restrictions, sentence enhancement, and use as a prior felony conviction.

This mixed status can be confusing.

A person should not assume that an undesignated conviction has no felony consequences simply because it may ultimately become a misdemeanor. Until the court enters the final misdemeanor designation, the statutory exceptions can continue to affect the defendant.

Which Class 6 Felonies May Be Left Undesignated?

Arizona’s undesignated offense procedure generally applies to eligible Class 6 felonies that do not involve a dangerous offense.

A dangerous offense generally involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury. A Class 6 felony involving those circumstances may not qualify for undesignated treatment.

Criminal history also matters.

A person who has previously been convicted of two or more felonies is generally not eligible for the undesignated Class 6 procedure under the statute. The court also considers the nature and circumstances of the current offense, along with the defendant’s history and character. This means two people charged with similar offenses may receive different outcomes.

One defendant may have no prior felony record, accept responsibility, complete treatment, pay restitution, and present strong mitigation. Another may have multiple prior convictions, aggravating circumstances, probation violations, or facts that make the court less willing to leave the offense undesignated.

The specific criminal charge matters as well. A criminal defense attorney must determine whether the offense is legally eligible, whether the prosecutor is willing to offer undesignated treatment, and whether the judge has authority to approve it.

The opportunity is often negotiated during plea discussions. A defense attorney may argue that an undesignated Class 6 resolution is appropriate because the conduct was isolated, the defendant has limited or no criminal history, the alleged harm was comparatively low, or the defendant has taken meaningful steps toward rehabilitation.

Can a Prosecutor Reduce a Class 6 Felony to a Misdemeanor?

In certain cases, a prosecutor may designate an offense as a misdemeanor before the defendant reaches the probation and redesignation stage.

Arizona law provides mechanisms through which an offense that may be punished as either a Class 6 felony or a Class 1 misdemeanor can be filed or amended as a misdemeanor.

This is different from an undesignated conviction.

When an eligible charge is filed or amended as a misdemeanor, the case proceeds as a misdemeanor rather than remaining open for a later designation. When the offense is left undesignated, the final classification remains pending while the defendant completes probation.

The best available outcome depends on the case.

A complete dismissal may be preferable when the evidence is weak or the defendant has a viable legal defense. An immediate misdemeanor resolution may be better than accepting an undesignated offense because it removes uncertainty and avoids some felony-related consequences from the beginning.

In other cases, the prosecutor may refuse to offer an immediate misdemeanor but agree that the Class 6 offense can remain undesignated. That resolution may still create an important opportunity to reduce the long-term impact of the conviction.

Defendants should carefully review the exact language of any plea agreement. A verbal understanding that the charge might later become a misdemeanor is not the same as a written agreement that requires or permits the offense to remain undesignated.

What Must Happen During Probation?

The path from an undesignated Class 6 offense to a misdemeanor depends heavily on what happens during probation.

Probation conditions vary by case but may include:

• Remaining law-abiding
• Reporting to a probation officer
• Completing drug, alcohol, mental health, or behavioral treatment
• Performing community service
• Paying restitution, fines, and fees
• Submitting to drug or alcohol testing
• Following travel or contact restrictions
• Completing classes or counseling
• Avoiding prohibited weapons
• Complying with any case-specific court orders

Successful completion is about more than reaching the final date on the probation calendar.

The court may review whether the defendant satisfied the required conditions, committed any new offenses, followed supervision requirements, and addressed outstanding victim restitution. Violations can delay misdemeanor designation, result in additional probation terms, or cause the court to designate the offense as a felony.

Minor issues do not necessarily produce the same result as serious or repeated violations. The court may consider the nature of the problem, whether it was corrected, and the defendant’s overall performance.

A defendant who is struggling with a probation requirement should address the issue early rather than waiting for a violation hearing or the end of the probation term. Depending on the circumstances, an attorney may be able to clarify the condition, document compliance, request additional time, or present evidence explaining why a requirement could not be completed as originally expected.

Does the Conviction Automatically Become a Misdemeanor?

Current Arizona law directs the court to designate an eligible undesignated offense as a misdemeanor when the defendant successfully fulfills the conditions of probation and is discharged by the court.

However, a person should not assume that the court record will update itself without review or that every Class 6 conviction qualifies.

The offense must first have been left undesignated. The defendant must satisfy the applicable probation conditions, and issues involving victim restitution or willful failure to meet monetary obligations may affect the process.

Court records may also need to reflect a formal order confirming the misdemeanor designation.

If the offense was designated as a felony at sentencing, successful probation alone does not necessarily convert it into a misdemeanor. The defendant may need to explore other forms of post-conviction relief, but those remedies are legally different from designation of an undesignated Class 6 offense.

Reviewing the sentencing documents, plea agreement, minute entries, and final discharge order can help determine the current status of the conviction and whether further action is required.

How Misdemeanor Designation Can Affect Employment

One of the main reasons people pursue misdemeanor designation is the effect a felony classification can have on employment.

Many job applications ask whether the applicant has been convicted of a felony. However, the exact wording of the application matters.

An employer may ask about any criminal conviction, not only felonies. Certain employers may also ask about pending matters, offenses involving dishonesty, driving-related convictions, or conduct connected to the responsibilities of the position.

Misdemeanor designation does not erase the conviction. A background check may still show the original charge, the conviction, the sentence, and the later order designating the offense as a misdemeanor.

Even so, the change can remain significant. Employers frequently view a misdemeanor differently from a felony, particularly when the applicant can demonstrate successful completion of probation, rehabilitation, stable employment, and no additional criminal conduct.

A person applying for work after redesignation should consider obtaining a certified copy of the court’s order. This can help address situations where a background screening report still lists the offense as a felony or does not show the final designation.

What Will Appear on a Background Check?

An undesignated Class 6 offense may create confusion during a background check because its classification changes over time.

While the designation remains pending, Arizona law generally treats the offense as a misdemeanor for most purposes, but it continues to be treated as a felony for certain specified legal purposes. Background screening companies may describe this status differently depending on the records they use and how recently those records were updated.

After the court formally designates the offense as a misdemeanor, the criminal record does not disappear. The case may still show:

• The original Class 6 felony charge
• The conviction or plea
• The probation sentence
• The fact that the offense was initially undesignated
• The later misdemeanor designation
• Any additional record relief granted by the court

Private databases do not always update immediately. A person may therefore encounter a report that still describes the conviction as a felony even after the court has entered a misdemeanor designation.

When that happens, the person may need to dispute the report and provide documentation showing the final court order.

Misdemeanor designation is also different from setting aside or sealing a record. These are separate forms of relief with their own eligibility rules and legal effects. A person may qualify for more than one form of relief, but receiving one does not necessarily mean the others occur automatically.

How Redesignation May Affect Civil Rights

A felony conviction can affect important civil rights, including voting, jury service, holding public office, and possessing firearms.

The impact of an undesignated Class 6 offense is unusual because Arizona law treats it as a misdemeanor for many purposes while continuing to treat it as a felony for several specifically listed purposes.

Firearm possession is one of those exceptions.

While the offense remains undesignated, the defendant should not assume that they may legally possess a firearm. The statute treats the offense as a felony when determining firearm possession rights until the court enters a final designation.

Once the offense becomes a misdemeanor, the person’s legal position may improve, but firearm rights should still be reviewed carefully.

Other restrictions may continue to apply based on the nature of the offense, prior convictions, probation conditions, protective orders, or federal law. A misdemeanor domestic violence conviction, for example, may create firearm consequences even though the offense is no longer classified as a felony.

The safest approach is to obtain legal advice before possessing, purchasing, or transporting a firearm. Relying only on the assumption that the case “became a misdemeanor” can create serious consequences if another restriction remains in effect.

Civil-rights restoration and misdemeanor designation may also require different legal analyses. Depending on the person’s criminal history and the orders entered in the case, additional applications or court action may be appropriate.

What If the Court Record Was Never Updated?

A person may successfully complete probation but later discover that the case still appears as an undesignated felony or is incorrectly listed as a designated felony.

This can happen when the final paperwork is unclear, a discharge order does not address designation, required conditions remain outstanding, or databases have not received updated information.

The first step is to review the court record.

Important documents may include:

• The plea agreement
• The sentencing minute entry
• The probation terms
• The discharge order
• Payment and restitution records
• Any order designating the offense
• The court docket

These documents help determine whether the offense was legally left undesignated and whether the court later entered the required misdemeanor order.

If no final designation appears, an attorney may need to file a motion or application asking the court to address the offense. The filing may include evidence that probation was completed, restitution was paid, required programs were finished, and no disqualifying violations occurred.

If the court already entered the order but another record still shows a felony, the problem may involve updating or correcting records rather than requesting a new designation.



Because the solution depends on what the existing orders say, people should avoid assuming that a clerical problem means they are ineligible for relief.

Why Legal Representation Can Matter Before and After Sentencing

The best opportunity to obtain an undesignated Class 6 resolution often begins while the criminal case is still pending.

A defense attorney may negotiate for dismissal, an immediate misdemeanor, an undesignated offense, reduced probation conditions, or another resolution based on the evidence and the circumstances.

The language of the plea agreement matters. A vague expectation that the charge will later become a misdemeanor is not a substitute for clear written terms.

After sentencing, an attorney can help the defendant understand the probation requirements that may affect designation. If a problem arises, addressing it before probation ends may preserve options that could otherwise be lost.

An attorney can also review the record after discharge, request misdemeanor designation when appropriate, address objections, and evaluate whether the person may qualify for additional relief such as a set aside, record sealing, or restoration of rights.

Frequently Asked Questions

Is an undesignated Class 6 felony considered a felony or a misdemeanor?

Arizona generally treats an undesignated Class 6 offense as a misdemeanor while the final designation is pending. However, it remains treated as a felony for certain legal purposes, including felony probation, DNA collection, firearm possession, sentence enhancement, and use as a prior felony conviction.

Does an undesignated felony automatically become a misdemeanor after probation?

An eligible undesignated offense should be designated as a misdemeanor after the defendant successfully fulfills the probation conditions and is discharged by the court. However, the offense must have been left undesignated in the first place, and issues involving restitution, willful nonpayment, violations, or incomplete records may need to be resolved.

Will misdemeanor designation remove the conviction from my record?

No. The conviction may still appear on court records and background checks. Misdemeanor designation changes the classification of the offense but does not erase the case. Separate relief may be available to set aside or seal eligible records.

Can I legally own a firearm while the offense is undesignated?

You should not assume that you can. Arizona treats an undesignated offense as a felony when determining firearm possession rights. Even after misdemeanor designation, other state or federal restrictions may remain. A lawyer should review the offense and your full history before you possess a firearm.

What can I do if my completed Class 6 case still shows as a felony?

Obtain the plea agreement, sentencing documents, probation discharge paperwork, and court docket. An attorney can determine whether the court failed to enter the designation, whether a condition remains outstanding, or whether another agency simply needs proof of the misdemeanor order.

Ask Doran Justice About Undesignated Offenses and Misdemeanor Designations

An undesignated Class 6 felony can provide an important path toward misdemeanor treatment, but the result depends on the original resolution, the defendant’s eligibility, successful completion of probation, and the accuracy of the final court record.

The difference between a felony and a misdemeanor can affect employment, background checks, professional opportunities, firearm restrictions, and other parts of a person’s future. It is therefore important to confirm that the correct order was entered rather than assuming the classification changed automatically everywhere the record appears.

Doran Justice represents clients facing felony charges and assists eligible individuals with Arizona post-conviction matters, including requests to designate Class 6 offenses as misdemeanors. The firm can review your plea and sentencing documents, determine the current status of the conviction, prepare the appropriate filing, and evaluate whether additional record relief may be available.

Contact Doran Justice to discuss an undesignated Class 6 felony and learn what steps may be available to improve your record and move forward.