Free Arizona Class 6 Undesignated Felony Form Get Form Now

Free Arizona Class 6 Undesignated Felony Form

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 can significantly impact your future opportunities, including employment and housing. Understanding the eligibility criteria and following the correct procedures is crucial for a successful application.

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Dos and Don'ts

When filling out the Arizona Class 6 Undesignated Felony form, here are four key dos and don'ts:

  • Do ensure your felony conviction is undesignated at the time of application.
  • Do provide a clear explanation in your application about why you are seeking to reduce your felony to a misdemeanor.
  • Don't forget to make copies of all documents before submitting them to the court or the prosecuting agency.
  • Don't submit your application if you have previously been convicted of two felony offenses.

Key takeaways

Filling out the Arizona Class 6 Undesignated Felony form is a crucial step for those seeking to reduce their felony conviction to a misdemeanor. Here are some key takeaways to consider:

  • Eligibility Criteria: Ensure that your class 6 felony conviction is undesignated at the time of application. If it has been designated a felony, you cannot apply for reduction.
  • Prior Convictions: You must not have been convicted of two or more felony offenses prior to the class 6 undesignated felony.
  • Nature of the Offense: The felony must not involve serious physical injury or the use of a deadly weapon or dangerous instrument.
  • Consulting a Lawyer: It is wise to consult with a lawyer before submitting your application. They can help navigate the process and avoid pitfalls.
  • Complete the Application: Fill out the entire application clearly stating your request and the reasons behind it, such as improving employment opportunities.
  • Documentation: Make sure to include necessary documents, such as proof of completing probation if applicable.
  • Mailing Requirements: After completing the application, mail or deliver a copy to the prosecuting agency involved in your case.
  • Follow-Up Procedures: Familiarize yourself with the procedures following your application submission to ensure all steps are properly completed.

By keeping these points in mind, you can approach the process with greater confidence and clarity.

Discover More on This Form

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

    The Arizona Class 6 Undesignated Felony form is designed for individuals seeking to reduce their Class 6 undesignated felony conviction to a misdemeanor. This process can help improve employment opportunities and provide a fresh start. It is important to ensure eligibility before applying, as specific criteria must be met.

  2. Who is eligible to apply for a reduction from a Class 6 undesignated felony to a misdemeanor?

    To be eligible, you must meet several criteria:

    • Your Class 6 felony conviction must be undesignated at the time of application.
    • You must not have been convicted of two or more felony offenses prior to your Class 6 conviction.
    • The felony must not have involved serious physical injury or the use of a deadly weapon.

    If any of these conditions are not met, you may not be eligible for a reduction.

  3. What steps should I follow to complete the application?

    Completing the application involves several key steps:

    1. Fill out the entire application form, clearly stating your request and the reasons for it.
    2. Include the date you mailed or delivered the application to the prosecuting agency.
    3. Make necessary copies of the application and the order form.
    4. Mail or deliver the application to the appropriate prosecuting agency.

    Following these steps carefully will help ensure your application is processed smoothly.

  4. What happens after I submit my application?

    After submitting your application, the court will review your request. You may need to attend a hearing where the judge will consider your case. It is essential to be prepared to explain why you believe your felony should be reduced to a misdemeanor. If the court grants your request, you will receive a court order designating your Class 6 felony as a misdemeanor.

  5. Yes, seeking legal advice can be beneficial. A lawyer can provide guidance on the application process and help you understand your rights. The Self-Service Center offers a list of attorneys who can assist you with your case. Consulting with a legal professional may help you avoid potential pitfalls and achieve a favorable outcome.

Documents used along the form

When seeking to reduce a Class 6 undesignated felony to a misdemeanor in Arizona, several other forms and documents may be necessary to support your application. Each of these documents plays a crucial role in the process and ensures that all required information is properly submitted to the court. Below is a list of commonly used forms and documents that accompany the Arizona Class 6 Undesignated Felony form.

  • Checklist: “You may use these forms if…” - This document outlines the eligibility criteria for reducing a Class 6 undesignated felony to a misdemeanor. It serves as a guide to help applicants ensure they meet all necessary requirements before proceeding with their application.
  • Instructions: How to Fill Out Forms - This set of instructions provides detailed guidance on how to correctly complete the required forms. It includes information on what information is needed and how to present it clearly to the court.
  • Application for Court Order to Reduce Class 6 Felony - This is the primary form that applicants must fill out to formally request the court to reduce their felony conviction. It requires personal information and a statement explaining the request and its purpose.
  • Court Order to Reduce Class 6 Felony - This document is issued by the court if the application is approved. It officially designates the Class 6 undesignated felony as a misdemeanor and outlines any conditions that may apply.
  • Procedures: What to do after you have completed all forms - This document provides step-by-step instructions on the next steps after completing the application and other forms. It includes information on filing the documents with the court and what to do with copies of the forms.

Understanding these forms and documents is essential for anyone looking to navigate the process of reducing a felony conviction in Arizona. Each piece plays a significant role in ensuring that your application is complete and adheres to court requirements. Being well-prepared can make a difference in the outcome of your case.

Document Sample

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

Page 1 of 1

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

1

CRF2M1k

Checklist: “You may use these forms if . .

1

2

CRF2M1t

Table of Contents (this page)

1

 

 

 

3

CRF2M11i

Instructions: How to Fill Out Forms

1

4

CRF2M11f

“Application for Court Order to Reduce Class 6 Felony”

2

5

CRF2M81f

Court Order to Reduce Class 6 Felony”

1

6CRF2M10p

PROCEDURES: What to do after you have completed all forms

1

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

Page 1 of 1

CRF2M1t-110110

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

Page 1 of 1

Guidelines on How to Fill Out Arizona Class 6 Undesignated Felony

Filling out the Arizona Class 6 Undesignated Felony form is an important step for individuals seeking to reduce their felony conviction to a misdemeanor. This process involves several specific forms and steps that must be completed accurately to ensure the best chance of success. Following the instructions carefully will guide you through the necessary requirements and actions needed to submit your application properly.

  1. Obtain the necessary forms: Gather the required forms from the Arizona Superior Court's Self-Service Center. You will need the "Application for Court Order to Reduce Class 6 Felony" and the "Court Order to Reduce Class 6 Felony."
  2. Read the eligibility checklist: Review the checklist to ensure you meet all eligibility criteria for reducing your felony to a misdemeanor.
  3. Fill out the Application: Complete the "Application for Court Order to Reduce Class 6 Felony" form. Clearly state your request and provide a reason for the reduction, such as improving employment opportunities.
  4. Provide case details: Include your name as the defendant, the case number, and the specific Class 6 felony to which you pleaded guilty or were convicted.
  5. Document mailing date: Write the date you mailed or delivered a copy of the Application to the prosecuting agency.
  6. Complete the Order form: Fill out the "Court Order to Reduce Class 6 Felony" form with the same details as above.
  7. Make copies: Create three copies of the Application and two copies of the Order for your records.
  8. Deliver copies: Mail or deliver one copy of the Application to the prosecuting agency, which could be either the Maricopa County Attorney or the Arizona Attorney General’s Office.
  9. Follow up: Refer to the “Procedures” page for additional instructions on how to file your Motion and what to do with the extra copies you have prepared.

Once you have completed these steps, you will be ready to submit your application. Ensure that all forms are filled out correctly and that you have followed the procedures outlined. This careful preparation can significantly impact the outcome of your request.

Common mistakes

When filling out the Arizona Class 6 Undesignated Felony form, one common mistake is failing to confirm eligibility requirements. Applicants must ensure that their felony conviction is indeed undesignated at the time of application. If the court has previously designated the felony or if there was an agreement during sentencing to treat it as a designated felony, the application will be rejected. Understanding these specific criteria is crucial before proceeding.

Another frequent error is neglecting to provide complete information in the application. The form requires a detailed explanation of why the reduction is being sought. Simply stating the desire for a misdemeanor without elaboration can lead to confusion. Clear communication about how this change would positively impact employment opportunities or personal circumstances is essential for a successful application.

Many applicants also overlook the requirement to document prior felony convictions accurately. Before applying, it is important to confirm that there are not two or more prior felony convictions. This oversight can result in immediate disqualification. Ensuring that all information is correct and comprehensive can help avoid unnecessary delays or denials.

Finally, some individuals fail to follow the proper procedures for submitting the application. It is vital to make the required copies of the application and the order before mailing or delivering them to the prosecuting agency. Skipping this step could lead to complications in processing the application. Adhering to all procedural guidelines helps ensure that the application is reviewed in a timely manner.