In today’s episode Chuck explains what a class six felony or class six undesignated felony is and how being convicted of one can impact your future.
Hi. I’m going to talk to you about a Class Six Undesignated Felony; and the only reason I’m talking about this is because I’m getting a phone call, probably every once every couple of days, from somebody that ten years ago (let’s say) pled out to a Class Six on designated felony. And the plea agreement called for upon successful completion of probation, which means no dirty U.A.s which means paying all your fines, your restitution if there was any, going to counseling, whatever. Every single term of your rest… excuse me, of your probation was done properly and completely then it was to be designated a misdemeanor. And it used to be the Probation Department would go ahead and email the Judge and say hey, John Smith has done a perfect job here. He’s completed probation. He paid all his fees, his probation fees, his restitution, his fines, everything. So, it’s zero. There’s nothing left. Then the Judge was to have brought… issued another minute entry that said now this offense has been designated a misdemeanor.
The problem that at least I’m hearing from Clients is that it’s not being done like that anymore. You complete everything. You’ve done a hundred percent perfect and then you think, okay, now I’ve got a misdemeanor; and then somebody does a background check on you for a job and it still comes up as a felony. Somebody comes up doing a background check like the Federal Government or Cabello’s of something… through Cabello’s in trying to buy a gun and you get denied. You know, like wait a minute that was a misdemeanor. Well, I’m having people come to me now that have said, hey Chuck, this was supposed to be a misdemeanor pursuant to the plea agreement and they hand me a copy of the plea agreement and they’re right. They completed successfully everything in probation but for whatever reason, the P.O. didn’t tell the Judge or the Judge elected not to bring it down and designate it a misdemeanor. Who knows why? It used to be automatic before and when I say before I’ve been practicing over thirty years so I mean you never had to worry about this but now it seems like I’m having to file motions to designate the Class Six Undesignated offense a misdemeanor. And they are typically getting granted. It’s not an issue.
And if it becomes an issue then it needs to be an issue that is enumerated like you didn’t pay your fines completely. You still have probation fees of like say, twenty bucks owing on. You had a dirty U.A. and you were violated and, in that violation, you don’t recall but the Judge decided to take away the undesignated designation. In other words, it became a Felony at that point in time but who knows. Most of the time though, it just seems to be some kind of miscommunication between the Probation Department and the Court and I can fix that. So, if you’re… if that ever happens because somebody tells you hey, you’ve got a felony in your background and you don’t because you thought it was undesignated and then it became a misdemeanor, get a hold of me.
Hope that makes sense to you. Thank you
The posted video is in no way specific legal advice on any subject. It is intended to provide general information for the public. If you need specific legal advice, call Chuck at 480-545-0700.