By Matthew Holloway |
Legislation allowing courts to redesignate certain lower-level felony convictions as misdemeanors after successful completion of a sentence passed the Arizona Legislature unanimously. It now awaits action from Arizona Governor Katie Hobbs.
House Bill 2749, sponsored by State Rep. Tony Rivero (R-LD27), would establish a process allowing eligible individuals convicted of certain Class 4, 5, or 6 felonies to petition a court to have those convictions redesignated as Class 1 misdemeanors five years after completing all terms of their sentences.
According to the Arizona House Republican Caucus, the measure received unanimous support in both legislative chambers before being transmitted to the governor’s desk.
“HB 2749 is about accountability, redemption, and common sense,” Rivero said in a statement announcing the bill’s passage. “When someone commits a nonviolent, victimless offense, pays their debt, completes every requirement ordered by the court, and proves for years that they are living the right way, Arizona should not force that person to carry a felony label forever.”
Under the legislation, eligibility would be limited to individuals convicted of non-dangerous offenses that did not involve a victim and who have no prior felony convictions. Applicants must also successfully complete all terms of their sentence before petitioning the court for redesignation.
The bill would not apply to dangerous offenses, offenses involving victims, or individuals with prior felony convictions.
According to the Senate fact sheet, the legislation would permit a court to redesignate an eligible felony conviction as a Class 1 misdemeanor if the court determines the person meets the statutory requirements and redesignation is appropriate. The measure does not provide for automatic redesignation and leaves the final decision to the court.
Rivero said the legislation is intended to help individuals who have demonstrated rehabilitation overcome barriers that can remain long after completion of a sentence.
“This bill protects public safety, excludes victim crimes, and gives deserving people a fair chance to work, find housing, support their families, and fully rejoin their communities,” he said.
According to the legislative fact sheet, the bill applies only to a limited category of felony convictions and requires individuals to affirmatively petition the court for relief. Courts would retain discretion in determining whether redesignation is warranted in each case.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
