Saturday, October 4, 2014

I was convicted of a class six felony open ended undesignated (I hope I got the terminology correct.) I was told that after a year and a hal...

Question

I was convicted of a class six felony open ended undesignated (I hope I got the terminology correct.) I was told that after a year and a half it would be designated a misdemeanor. Is that the same as pardoned? The reason for the question is because I am filling out papers that ask if I have been convicted of a felony that has not been pardoned and am wondering how to answer it after it has been designated.



Answer

Until the court designates your conviction as a misdemeanor it remains officially as a class six felony conviction. You should check with the court clerk to see whether the conviction has been designated as a misdemeanor. If not, you will be required to petition the court for the designation.

This offense is not the same as a pardon, since a pardon relieves you of a conviction. The designation as a misdemeanor is still a conviction but not as originally charged as the felony. Should you wish to discuss this issue further please call me at 602 582-2814.



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