Get Arizona Class 6 Undesignated Felony Form

Get Arizona Class 6 Undesignated Felony Form

The Arizona Class 6 Undesignated Felony form is a legal document used to request a reduction of a Class 6 undesignated felony conviction to a misdemeanor. This application is available to individuals who meet specific eligibility criteria, including having no prior felony convictions and the absence of serious physical injury or weapon involvement in their case. If you believe you qualify, consider filling out the form by clicking the button below.

Structure

The Arizona Class 6 Undesignated Felony form is a crucial tool for individuals seeking to reduce their felony conviction to a misdemeanor. This process is particularly significant for those who wish to improve their employment opportunities and reintegrate into society. To qualify for this reduction, applicants must meet specific criteria outlined in the form. First, the felony conviction must remain undesignated at the time of application. Additionally, the applicant should not have prior felony convictions that exceed one, and the offense should not involve serious physical injury or the use of a deadly weapon. The form includes a checklist to help applicants determine their eligibility and provides detailed instructions for filling out the necessary documents. It is essential to follow the guidelines closely, as any deviation could lead to delays or denials. After completing the application, individuals must submit copies to the appropriate prosecuting agency and follow up with court procedures. Given the complexities involved, consulting with a legal professional before proceeding is highly recommended to navigate potential pitfalls effectively.

Arizona Class 6 Undesignated Felony Preview

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

©Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVED

CRF2M1k-092611

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Self-Service Center

APPLICATION TO REDUCE

CLASS 6 UNDESIGNATED FELONY

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 . .

1

2

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Table of Contents (this page)

1

 

 

 

3

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Instructions: How to Fill Out Forms

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4

CRF2M11f

“Application for Court Order to Reduce Class 6 Felony”

2

5

CRF2M81f

Court Order to Reduce Class 6 Felony”

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PROCEDURES: What to do after you have completed all forms

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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

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ALL RIGHTS RESERVED

 

 

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).

©Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVED

Page 1 of 1

CRF2M11i-030311

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

 

 

 

 

 

MISDEMEANOR

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:

© Superior Court of Arizona in Maricopa County

Page 1 of 2

CRF2M11f-110310

ALL RIGHTS RESERVED

 

 

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

 

day of

 

, 20

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant’s Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant’s Printed Name

 

 

 

 

 

 

 

 

CERTIFICATE OF MAILING

 

 

 

 

 

 

 

 

 

 

 

Original + one copy filed with the Clerk of the Court this

 

 

 

 

 

, 20

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Month

 

 

 

Date

 

 

Year

One copy of this document was sent via first class mail or hand-delivered this (date below),

 

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

Month

 

 

 

Date

 

 

Year

To:

 

 

 

 

 

 

 

 

 

 

 

Maricopa County Attorney

 

 

 

 

 

 

 

 

 

 

 

301 W. Jefferson Street

 

 

 

 

 

 

 

 

 

 

 

Phoenix, Arizona 85003

 

 

 

 

 

 

 

 

 

 

 

OR, if the case was prosecuted by the Attorney General rather than the County Attorney, To:

Arizona Attorney General’s Office

1275 West Washington Street

Phoenix, Arizona 85007

© Superior Court of Arizona in Maricopa County

Page 2 of 2

CRF2M11f-110310

ALL RIGHTS RESERVED

 

 

APM

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

STATE OF ARIZONA,

CASE NO:

PLAINTIFF

 

FOR CLERK’S USE ONLY

v.

ORDER TO DESIGNATE

 

CLASS 6 UNDESIGNATED FELONY A

 

MISDEMEANOR

 

 

DEFENDANT

 

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

©Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVED

CRF2M81f-110110

Page 1 of 1

SELF-SERVICE CENTER

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

Phoenix, Arizona 85003

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

©Superior Court of Arizona in Maricopa County

ALL RIGHTS RESERVED

CRF2M10p-080812

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Document Data

Fact Name Description
Eligibility Criteria To apply for reduction, the class 6 felony must be undesignated at the time of application.
Prior Convictions The applicant must not have been convicted of two or more felony offenses before the class 6 undesignated felony.
Serious Physical Injury The felony must not involve the intentional or knowing infliction of serious physical injury.
Use of Deadly Weapons The felony must not involve the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument.
Governing Law This process is governed by Arizona Revised Statutes, specifically A.R.S. § 13-604.

How to Use Arizona Class 6 Undesignated Felony

After gathering all necessary information, you can begin filling out the Arizona Class 6 Undesignated Felony form. This process involves completing specific forms, providing accurate details, and submitting your application to the appropriate parties. Follow these steps carefully to ensure your application is complete.

  1. Obtain the required forms: You will need the "Application for Court Order to Reduce Class 6 Felony" and the "Court Order to Reduce Class 6 Felony." These forms can be found at the Superior Court of Arizona in Maricopa County's Self-Service Center.
  2. Read the instructions thoroughly. Make sure you understand the eligibility criteria before proceeding.
  3. Fill out the "Application for Court Order to Reduce Class 6 Felony." In the body of the application, clearly state your request and the reason behind it. For example, you might say, "I want my felony conviction of a class 6 undesignated felony reduced to a misdemeanor to improve my ability to obtain employment."
  4. Complete the "Court Order to Reduce Class 6 Felony" form. Include your name as the "Defendant," the case number, and the name of the Class 6 felony you were convicted of.
  5. Make copies of your completed forms. Create three copies of the Application and two copies of the Court Order.
  6. Mail or deliver one copy of the Application to the prosecuting agency that handled your case. This could be either the Maricopa County Attorney or the Arizona Attorney General’s Office.
  7. After sending your application, refer to the "Procedures" page for further instructions on filing your Motion and handling the extra copies.

Key Facts about Arizona Class 6 Undesignated Felony

What is the Arizona Class 6 Undesignated Felony form used for?

The Arizona Class 6 Undesignated Felony form is utilized to request a court order that reduces a Class 6 undesignated felony conviction to a misdemeanor. This process can help individuals improve their employment opportunities and reintegrate into society more effectively. To qualify, specific criteria must be met, including the nature of the felony and prior criminal history.

Who is eligible to use the Class 6 Undesignated Felony form?

Eligibility for using this form is limited. Individuals must have an undesignated Class 6 felony conviction at the time of application. Additionally, they should not have been previously convicted of two or more felony offenses. The felony must not involve serious physical injury or the use of a deadly weapon. If the court has already designated the offense as a felony, the individual is not eligible for this reduction.

What steps should I take to complete the application?

To complete the application, first read the instructions carefully. Fill out the entire application, clearly stating your request and the reasons behind it. For instance, you might mention that you want the reduction to enhance your employment prospects. Make sure to include the date you mailed or delivered a copy of the application to the prosecuting agency. After completing the application, make copies as instructed before submitting them to the appropriate entities.

What happens after I submit my application?

Once the application is submitted, the court will review it. The process typically involves notifying the prosecuting agency, which may have the opportunity to respond. The court will then decide whether to grant the request based on the information provided and any applicable laws. It's important to follow any additional procedures outlined in the instructions after submitting your application.

Should I consult a lawyer before filing my application?

Consulting a lawyer is highly recommended. A legal professional can help navigate the complexities of the application process and ensure that all necessary steps are taken correctly. They can also provide guidance on how to present your case effectively, potentially preventing unexpected outcomes. Resources for finding legal assistance can be found on the Self-Service Center website of the Superior Court of Arizona.

Common mistakes

When filling out the Arizona Class 6 Undesignated Felony form, many people make common mistakes that can delay their application or even lead to rejection. One frequent error is not checking eligibility criteria carefully. Applicants must ensure that their felony conviction is indeed undesignated at the time of the application. If the court has already designated it as a felony, they are not eligible for relief. Ignoring this detail can waste time and resources.

Another mistake is failing to provide complete information in the application. The form requires specific details, such as the case number and the name of the felony. Omitting any of this information can result in the application being returned for corrections. It's essential to double-check that all required fields are filled out accurately.

Some applicants also overlook the importance of explaining their request clearly. The application should state why they want their felony reduced to a misdemeanor. A vague or unclear explanation may confuse the court or lead to misunderstandings. A straightforward statement, such as, “I want my felony conviction reduced to improve my employment opportunities,” can make a significant difference.

Additionally, many individuals forget to make the necessary copies of their application and order. It's not enough to fill out the forms; applicants must make three copies of the Application and two copies of the Order. Failing to do this can result in delays in processing their request, as they may need to return to complete this step.

Lastly, applicants often neglect to follow the proper procedures for submitting their application. After completing the forms, they need to mail or deliver one copy of the Application to the prosecuting agency. Not adhering to these submission guidelines can lead to unnecessary complications. Taking the time to understand and follow each step will help ensure a smoother process.

Documents used along the form

When applying to reduce a Class 6 undesignated felony to a misdemeanor in Arizona, you may encounter several other important forms and documents. Each of these documents serves a specific purpose in the process and can help ensure that your application is complete and accurate. Here’s a brief overview of the key forms often used alongside the Class 6 Undesignated Felony form.

  • Checklist for Eligibility: This document outlines the criteria you must meet to qualify for reducing your felony to a misdemeanor. It’s essential to review this checklist to confirm your eligibility before proceeding with your application.
  • Instructions for Completing the Application: This form provides detailed guidance on how to fill out the application correctly. It includes tips on what information to include and how to present your case to the court.
  • Application for Court Order to Reduce Class 6 Felony: This is the primary form you will fill out to formally request the reduction of your felony conviction. It requires you to provide personal details, case information, and the reasons for your request.
  • Court Order to Reduce Class 6 Felony: If the court approves your application, this document serves as the official order that designates your felony as a misdemeanor. You will need to submit this form to finalize the change.
  • Procedures After Completing Forms: This document outlines the steps you need to take once your forms are completed. It includes instructions on filing your application with the court and what to do with copies of your documents.

Understanding these additional forms and their purposes can significantly streamline your application process. Each document plays a vital role in supporting your request and ensuring that you meet all necessary requirements. By being well-prepared, you can approach this process with confidence.

Similar forms

The Arizona Class 6 Undesignated Felony form is designed to help individuals request a reduction of their felony conviction to a misdemeanor. Several other legal documents serve similar purposes, aiding individuals in navigating their legal situations. Below are five documents that share similarities with the Arizona Class 6 Undesignated Felony form:

  • Application for Expungement: This document allows individuals to request the removal of a criminal record from public view. Like the Class 6 Undesignated Felony form, it requires specific eligibility criteria to be met before filing.
  • Petition for Restoration of Civil Rights: Individuals can use this document to restore their voting rights and other civil liberties after a felony conviction. Similar to the Class 6 form, it necessitates that the individual meets certain conditions related to their conviction.
  • Motion to Reduce Sentence: This document is filed to request a reduction in the length of a sentence. It shares the goal of seeking leniency from the court, much like the Class 6 Undesignated Felony form aims to lessen the impact of a felony conviction.
  • Application for Pardon: This formal request seeks forgiveness from the state for a past crime. Both the pardon application and the Class 6 form involve a process of review by the court and require the individual to demonstrate their rehabilitation.
  • Certificate of Rehabilitation: This document is issued to individuals who have completed their sentence and have shown evidence of rehabilitation. It serves a similar purpose to the Class 6 Undesignated Felony form by helping individuals reintegrate into society after a felony conviction.

Dos and Don'ts

When filling out the Arizona Class 6 Undesignated Felony form, there are important dos and don’ts to keep in mind. Here’s a helpful list:

  • Do read all instructions carefully before starting to fill out the forms.
  • Do ensure that your felony conviction is undesignated at the time of your application.
  • Do provide complete and accurate information in your application.
  • Do make copies of all documents before submitting them to the court.
  • Do consult a lawyer if you have questions about your eligibility or the process.
  • Don't leave any sections of the application blank; fill in all required fields.
  • Don't submit the application without checking that you meet all eligibility requirements.
  • Don't forget to mail or deliver copies to the prosecuting agency.
  • Don't assume that your application will be approved; be prepared for potential outcomes.
  • Don't use outdated forms; always verify that you have the most current documents.

Misconceptions

Misconceptions about the Arizona Class 6 Undesignated Felony form can lead to confusion and missteps in the application process. Here are ten common misconceptions, along with clarifications:

  • Anyone can reduce a Class 6 felony to a misdemeanor. Not everyone is eligible. You must meet specific criteria, including having an undesignated felony and no prior felony convictions.
  • The process is automatic once you apply. Simply submitting the form does not guarantee a reduction. The court must review and approve your application.
  • All Class 6 felonies can be designated as misdemeanors. This is incorrect. Only undesignated Class 6 felonies that meet certain conditions can be reduced.
  • You can apply anytime after your conviction. There are restrictions on when you can apply. You must wait until your felony conviction is undesignated.
  • The application requires no supporting documents. In fact, you need to provide evidence that you meet the eligibility requirements, such as proof of completion of probation.
  • Consulting a lawyer is unnecessary. While you can handle the process yourself, legal advice can help you navigate the complexities and improve your chances of success.
  • It doesn’t matter if the felony involved a weapon. If your Class 6 felony involved a deadly weapon or dangerous instrument, you are not eligible for reduction.
  • All felonies are treated equally in this process. Not all felonies have the same eligibility for reduction. The nature of the crime plays a significant role.
  • Once reduced, the felony record disappears. Reducing a felony to a misdemeanor does not erase your criminal record; it simply changes the designation.
  • You must appear in court for the application process. In many cases, you can submit your application by mail or delivery without needing to appear in person.

Understanding these misconceptions can help you approach the application process with the right expectations and better prepare you for the steps ahead.

Key takeaways

When filling out and using the Arizona Class 6 Undesignated Felony form, keep these key points in mind:

  • Eligibility Requirements: You can only use this form if your felony conviction is undesignated at the time of application. Make sure you meet all eligibility criteria before proceeding.
  • Prior Convictions: You must not have been convicted of two felony offenses before your current Class 6 undesignated felony. This is crucial for your application to be considered.
  • No Serious Offenses: The felony must not involve serious physical injury or the use of a deadly weapon. This includes any situation where a weapon could cause serious harm.
  • Consult a Lawyer: It’s a good idea to talk to a lawyer before submitting your forms. They can help you avoid potential issues and guide you through the process.
  • Filing Instructions: After completing the application, make sure to make copies as required. Deliver the necessary documents to the prosecuting agency and follow up with the court procedures for filing.