Guides / Felony Redesignation
Arizona criminal defense
Arizona Felony Redesignation: Reduce a Class 4–6 Felony to a Class 1 Misdemeanor (HB 2749)
A.R.S. § 13-604.01 · Effective September 12, 2026 · Ends after September 30, 2028 unless extended
Disclaimer: This Guide is for general information only. It is not legal advice and does not create an attorney-client relationship. Whether you qualify depends on your offense, your history, and what a court finds.
If you have an older, lower-level Arizona felony, a new law may let a court reduce that felony to a class 1 misdemeanor. That is often called Arizona felony redesignation. House Bill 2749 (Laws 2026, Chapter 109) added A.R.S. § 13-604.01.
People searching for how to reduce a felony to a misdemeanor in Arizona, HB 2749, or felony redesignation usually want three answers: Could this help me? Who does it leave out? Why is there a deadline? This Guide covers those points in plain English.
Who this might help
You may be in the ballpark if all of these are true:
• Your conviction is a class 4, 5, or 6 felony (not class 2 or 3)
• It was not a “dangerous” offense (generally: deadly weapon/dangerous instrument use or threat, or intentional/knowing serious physical injury — see A.R.S. § 13-105)
• You have no prior felony convictions
• The case did not involve a victim (as Arizona defines “victim” in A.R.S. § 13-4401)
• You finished every part of the sentence, including all money owed
• At least five years have passed since you finished the sentence, with no later felony and no later misdemeanor that involved a victim
• A judge would also need to find that redesignation is in the interest of justice
Even then, the court may grant it. It is not automatic.
Who this usually will not help
This path generally does not apply if:
• The felony is class 2 or class 3
• The offense was dangerous under § 13-105
• You already had a felony before this one
• The case involved a victim
• You still owe fines, restitution, or other court conditions
• Fewer than five years have passed since you finished the sentence, or you picked up a disqualifying later case
• You were convicted under animal cruelty (§ 13-2910), misconduct involving weapons (§ 13-3102), or an offense that requires sex-offender registration (§ 13-3821)
This statute also does not, by itself, seal or erase the case. It allows a court to enter a new judgment for a class 1 misdemeanor. It is different from older rules about designating certain undesignated class 6 felonies.
The five findings the court must make
Under A.R.S. § 13-604.01(A), the court may enter a class 1 misdemeanor judgment only if it finds all five:
1. No previous felony conviction
2. No victim in the offense
3. All sentence terms completed, including full payment of money owed
4. At least five years since sentence completion, with no later disqualifying conviction
5. Redesignation is in the interest of justice
The five-year clock starts when the sentence is finished, not merely when you were convicted.
Why the 2028 deadline matters
Section 13-604.01 is repealed from and after September 30, 2028. After that date, this redesignation tool may no longer be available unless the Legislature extends it. Waiting can mean losing the option.
Why a record review matters
The statute does not give you a statewide fill-in-the-blank form. Eligibility turns on facts buried in the court file: priors, whether there was a victim, whether the offense was dangerous, whether every dollar and condition is done, and whether five clean years have run. A judge still has to decide that redesignation serves the interest of justice.
The deadline is real: after September 30, 2028, this redesignation path may be gone. A short record review can show whether your court file supports all five findings, not merely whether the statute sounds familiar, and whether set-aside or sealing is a better fit if redesignation is not. More on record clearing: Set-aside vs sealing.
Sources: Laws 2026, Ch. 109 (HB 2749); A.R.S. §§ 13-604.01, 13-105, 13-2910, 13-3102, 13-3821, 13-4401. Not legal advice.
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