A Class 6 felony is the lowest felony classification in the states that use it, and how bad a Class 6 felony is depends heavily on which state you are in and whether you can keep the conviction from being designated a felony at all. At worst, it can mean up to five years in prison, fines reaching six figures, loss of firearms and voting rights, deportation for noncitizens, and a record that shadows job and housing applications for decades. At best — and this is the outcome worth fighting for — the same charge can end up on your record as a misdemeanor, or come off entirely through expungement.
What a Class 6 Felony Actually Is
There is no federal Class 6 felony. Federal law groups felonies into Classes A through E.1Office of the Law Revision Counsel. 18 U.S. Code 3559 – Sentencing Classification of Offenses The Class 6 label comes from state law, and Arizona, Virginia, and Colorado are the most prominent states that use it. In each, it sits at the bottom of the felony ladder.
Typical offenses charged as Class 6 felonies include low-level theft, certain drug possession charges, unlawful possession of another person’s identity documents, criminal damage to property, and some categories of fraud. The common thread: the state considers the conduct serious enough to cross the felony threshold, but not severe enough to justify the sentences attached to higher classes.
If your charge is in a state that uses degrees or letters instead of numbers, look for the lowest felony tier. The practical consequences track closely.
Prison Time and Fines by State
Sentencing ranges vary sharply, which is why no single number captures the risk of a Class 6 conviction.
In Arizona, a non-dangerous first offense carries a presumptive prison term of one year, with a mitigated minimum of about four months and an aggravated maximum of two years. Fines can reach $150,000.
Colorado sets prison exposure at one to one-and-a-half years, followed by one year of mandatory parole. Fines run from $1,000 to $100,000.
Virginia is the outlier on the high end: a Class 6 felony is punishable by one to five years in state prison. A judge or jury can instead treat the offense as a misdemeanor, capping confinement at twelve months in jail and a fine at $2,500.
Courts can also order restitution to compensate victims for financial losses. Restitution is a repayment obligation, not a punishment, and it frequently survives bankruptcy. Falling behind can extend probation or, in some jurisdictions, lead to incarceration for willful nonpayment.
Probation for First-Time Offenders
Judges have wide discretion with Class 6 offenses, and first-time offenders with no violent history frequently receive probation rather than prison. Felony probation is more demanding than most people expect. Expect regular meetings with a probation officer, random drug testing, travel restrictions, community service, and sometimes curfews. Missing a check-in can be enough for the court to revoke probation and impose the original prison sentence.
The Wobbler Path: The Single Most Important Feature
In several states, Class 6 felonies function as “wobblers” — offenses that can be charged or sentenced as either a felony or a misdemeanor depending on the circumstances. This is often the single most important feature of the charge, because every long-term consequence in this article depends on whether the final conviction is a felony or a misdemeanor.
Arizona lets the court leave a Class 6 offense “undesignated” at sentencing, meaning it is treated as a misdemeanor during probation. Complete every probation condition, including fines and restitution, and the court designates it a misdemeanor permanently. Prosecutors can also file the charge as a misdemeanor from the start.
In Virginia, the judge or jury can elect at sentencing to treat a Class 6 felony as a misdemeanor, dropping the exposure to no more than twelve months in jail and a $2,500 fine. Colorado and other Class 6 states have their own reduction procedures with varying eligibility.
Across these states, reduction almost always requires either prosecutorial discretion before trial or successful completion of probation after sentencing. If you are offered probation, treating every condition as non-negotiable is not just about staying out of prison; it may be the path to keeping the case off your record as a felony at all.
Civil Rights You Lose
Firearms
Federal law prohibits anyone convicted of a crime punishable by imprisonment for more than one year from possessing firearms or ammunition.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Every Class 6 felony clears that threshold, so a conviction triggers the federal ban whether or not you actually serve time. Violating the ban is itself a federal felony. Some states allow restoration through a pardon, expungement, or a formal civil rights restoration process, but the federal prohibition remains unless the conviction is expunged or a pardon expressly restores firearms rights.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
Voting
When you regain the vote depends entirely on your state. Roughly 23 states restore voting rights automatically once you leave prison. About 15 more restore them after you complete parole or probation. The remainder require a separate application, a governor’s pardon, or a post-sentence waiting period, and a few permanently disenfranchise people convicted of certain offenses.4National Conference of State Legislatures. Restoration of Voting Rights for Felons
Jury Service
Federal law disqualifies anyone convicted of a crime punishable by more than one year of imprisonment from serving on a federal grand or petit jury unless their civil rights have been restored.5Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service A Class 6 conviction meets that threshold. Most states have parallel rules for state jury service.
Jobs and Professional Licenses
This is where most people feel the conviction long after the sentence ends. Employers routinely run background checks, and a felony conviction can disqualify you from positions in healthcare, education, finance, law enforcement, and any role involving vulnerable populations. More than 35 states now limit how licensing boards can use criminal records, and many require boards to evaluate whether the offense is directly related to the profession before denying a license. Some states let you request a preliminary determination from a licensing board before you invest in education or training for a career the board would later block.
Fair-chance hiring laws, commonly called “ban the box,” delay criminal history questions until after a conditional job offer in many jurisdictions. The federal government adopted this approach through the Fair Chance to Compete for Jobs Act of 2019 for federal positions, and roughly 37 states along with over 150 cities and counties have enacted similar rules. These laws do not prevent an employer from considering your record. They keep your application from being discarded before anyone reads it. Once the conditional offer is on the table, the employer can still withdraw it based on the conviction, especially where the offense relates to the job.
Housing
For federally assisted housing, HUD imposes only two mandatory bans: people subject to lifetime sex offender registration and anyone convicted of manufacturing methamphetamine on the premises of federally assisted housing.6HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other HUD Program Beyond those, public housing authorities set their own screening policies. Many impose lookback periods of three to five years for drug-related or violent offenses, and some reject applicants for any recent felony.
Private landlords face fewer restrictions. In most places, a landlord can legally deny an application based on a felony record, though a growing number of cities limit how far back landlords may look. Even where protections exist, landlords with a stack of applicants tend to choose the one with a clean record.
Immigration Consequences for Noncitizens
If you are not a U.S. citizen, a Class 6 conviction can be devastating regardless of how minor the underlying conduct looks. Federal immigration law makes a noncitizen deportable if convicted of a “crime involving moral turpitude” committed within five years of admission when the offense carries a possible sentence of one year or more.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Every Class 6 felony meets the sentence threshold automatically. The remaining question is whether the specific offense qualifies as a crime involving moral turpitude, a category that broadly covers fraud, theft with intent to permanently deprive, and offenses involving intentional harm or recklessness.
Two or more convictions for crimes involving moral turpitude, even misdemeanors, make a noncitizen deportable at any time, regardless of when the crimes occurred.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Any conviction classified as an “aggravated felony” under immigration law triggers mandatory deportation with almost no possibility of relief. The immigration definition of aggravated felony is broader than most people expect and can include theft or fraud offenses where the sentence imposed is one year or more, even if suspended. For noncitizens, the difference between a 364-day sentence and a 365-day sentence can be the difference between staying in the country and permanent removal.
Crossing the Border
A felony conviction does not revoke your U.S. passport in most cases, but it can make you inadmissible to other countries. Canada is the example that catches Americans off guard most often. Canada’s border agency has access to FBI records through the NCIC database, so a conviction shows up the moment you arrive at the border, and a significant range of U.S. felonies render the traveler criminally inadmissible. Sealed or expunged records can still cause problems.
Canada offers two main paths to overcome inadmissibility. Five years after completing your entire sentence, including fines, probation, and parole, you can apply for Criminal Rehabilitation, which permanently resolves the issue if approved. Before that mark, you can apply for a Temporary Resident Permit if you have an important reason for travel such as work or a family emergency. In rare cases involving a single offense, you may qualify as “deemed rehabilitated” after ten years with no other criminal history. Australia, Japan, and the United Kingdom run their own screening processes that can bar entry for felony convictions.
Clearing the Record: Expungement and Sealing
Even when reduction to a misdemeanor is off the table, many states allow expungement or sealing of lower-level felonies after a waiting period. Expungement directs the court to treat the conviction as though it never occurred and removes it from public databases. Sealing leaves the record in place but hides it from most background checks, so employers, landlords, and licensing boards generally cannot see it.
Eligibility turns on the offense, the time since you completed your sentence, and your record since. Waiting periods commonly run three to seven years after you finish every term of the sentence, probation and parole included. Some states require the felony to be reduced to a misdemeanor first. Court filing fees range from nothing to a few hundred dollars, with attorney fees on top.
Certain offenses are typically excluded regardless of classification, including sexual misconduct, crimes against children, and serious violent offenses. Even a granted expungement has limits. Law enforcement usually retains access to sealed records, and some federal background checks, including those for firearms purchases and security clearances, may still surface the conviction. Expunged convictions may also fail to resolve Canadian border admissibility or immigration proceedings, where different rules apply.
The petition process requires detailed documentation, including proof you completed every condition of your sentence and evidence of rehabilitation. Courts have discretion to grant or deny. If expungement is available for your offense, it is one of the highest-return steps you can take, because a clean background check erases most of the employment, housing, and licensing barriers that otherwise follow a Class 6 conviction for years.