Arizona DUI & Criminal Defense Attorney Blog
Arizona has created a way for a person convicted of a low-level felony to have that conviction re-entered as a class 1 misdemeanor. House Bill 2749, signed on June 4, 2026, adds section 13-604.01 to the criminal code, and the section takes effect on September 12, 2026. It also repeals itself after September 30, 2028, which gives the remedy a two-year life unless the Legislature extends it.
The new section lets a court enter judgment of conviction for a class 1 misdemeanor on a class 4, 5, or 6 felony that did not involve a dangerous offense, where the court makes five specific findings. James E. Novak has defended Arizona felony charges in Maricopa County for more than 20 years, and I have had a version of this conversation with clients many times. Until now the answer was the same every time. The felony stayed a felony.
What Section 13-604.01 Lets a Court Do
A misdemeanor designation is a court order replacing a felony judgment of conviction with a judgment for a class 1 misdemeanor on the same offense. Section 13-604.01 operates notwithstanding any other provision of title 13, which is what gives it reach over the ordinary classification rules. The court is not resentencing and not vacating anything. It is entering a judgment of conviction for a class 1 misdemeanor in place of the felony judgment, which changes what the record says the person was convicted of.
The distinction matters because the practical weight of an old low-level felony is rarely the sentence, which has long since been served. It is the classification itself, showing up on background checks, licensing applications, and rental screening years after the case closed. Moving a conviction into the misdemeanor column changes the answer to a question that gets asked constantly.
The Five Conditions the Court Has to Find
All five must be present. The court has discretion even when they are, since the statute says the court may enter the judgment rather than that it shall.
- No prior felony. The person has not previously been convicted of any felony offense.
- No victim. The offense did not involve a victim, a term the statute defines by cross-reference to A.R.S. § 13-4401.
- Everything completed. All terms and conditions imposed by the court have been completed, including full payment of all monetary obligations.
- Five clean years. At least five years have passed since the sentence was completed, with no later felony and no later misdemeanor involving a victim during that period.
- Interest of justice. The court determines that entering the class 1 misdemeanor judgment serves the interest of justice.
The combination of no prior felony and no victim is what defines the population this reaches. A simple possession case charged as a class 4 felony is the clearest example, which is why anyone with an old Arizona drug charge on their record should look at the five conditions closely. My office is reviewing old files on exactly this question ahead of the effective date.
Three Offenses the Statute Leaves Out
Section 13-604.01(B) excludes three convictions by section number. They are A.R.S. § 13-2910, cruelty to animals, A.R.S. § 13-3102, misconduct involving weapons, and A.R.S. § 13-3821, which governs who must register as a sex offender.
The weapons exclusion is the one most likely to surprise. A class 6 conviction for misconduct involving weapons can look like an ordinary low-level felony that meets every other condition, and it is carved out by section number regardless. Anyone whose record includes a weapons charge should confirm which statute the conviction was entered under before assuming the new section reaches it.
Why the September 2028 Repeal Date Matters
House Bill 2749 contains a delayed repeal. Section 13-604.01 is repealed from and after September 30, 2028, so the window runs a little over two years from the September 12, 2026 effective date, which is the general effective date for bills passed in the 2026 regular session.
A two-year window changes how this should be approached. The five-year clean period is fixed and cannot be accelerated, so a person whose sentence ended in 2024 does not reach eligibility until 2029 and the section will already have expired. For anyone whose five years are complete or will be complete during the window, the timing question is real, and the full text of the enacted chapter is published by the Legislature at Chapter 109 of the 2026 session laws.
Common Questions About Section 13-604.01
Does This Apply to a Felony From Before 2026?
The statute’s conditions turn on the completion of the sentence rather than the date of conviction, and the fourth condition requires at least five years since that completion. The text states no cutoff based on when the conviction was entered. The section is new and untested, so how courts treat older convictions under it is worth raising before a petition is filed.
Does a Class 2 or Class 3 Felony Qualify?
No. Section 13-604.01(A) reaches only a class 4, 5, or 6 felony, and only where the offense was not a dangerous offense. A class 2 or class 3 conviction is outside the statute regardless of how much time has passed or how clean the record has been since.
Is the Designation Automatic Once the Conditions Are Met?
No. The statute provides that the court may enter the judgment, and the fifth condition asks the court to determine that doing so is in the interest of justice. Meeting the first four conditions makes a person eligible for the court to consider the request rather than entitled to the result.
Talk to a Maricopa County Criminal Defense Attorney About Your Record
Whether an old conviction fits section 13-604.01 turns on the charging statute, the class, and dates that are often not what a client remembers. The Law Office of James E. Novak handles Arizona criminal defense and post-conviction questions throughout Maricopa County, and I offer a free initial consultation, available 24 hours a day. Call (480) 413-1499 or use the Arizona criminal defense contact page to have your record reviewed before the window closes.