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What are the benefits of a 402 reduction?

December 13, 2022 by stephenh

Reduce a Felony to a Misdemeanor: A felony conviction can make life difficult. It makes finding a job or a place to live harder and impacts many other areas of your life. But if you have completed probation or parole successfully, under Utah Code section 76-3-402, you may be able to reduce felony convictions to misdemeanors.

Restoring Expungement Eligibility: Utah’s Bureau of Criminal Identification (BCI), when determining expungement eligibility in Utah, considers the age of your convictions, the number of convictions, and the level or degree of those convictions. Reducing the level of your convictions could be a way to restore your eligibility for expungement.

The waiting period for expungement eligibility is based in part on the degree of the conviction. 402 reductions can also shorten the waiting period for expungement eligibility. To be eligible to expunge a criminal conviction in Utah, you must wait a certain period following the closure of your case. The greater the level of the felony or misdemeanor, the longer you must wait to be eligible for expungement. Using a 402 reduction can shorten the waiting by years, and you can seek an expungement much more quickly.

For example, having two felony convictions may disqualify you from expungement eligibility. However, a 402 reduction would turn those felony convictions into misdemeanors which could restore expungement eligibility. Similarly, a “violent” felony cannot be expunged. But if that felony conviction were reduced, under Utah Code 76-3-402, to a misdemeanor, your expungement eligibility may be restored.

Another example is having too many, even for minor misdemeanor convictions, which can also disqualify you from expungement eligibility. But some misdemeanor convictions, by using a 402 reduction, can be reduced to the infraction level, which would no longer count against a person’s eligibility.

If you have completed probation or parole successfully, there are significant benefits to having the level of your conviction reduced – losing the “convicted felon” label, restoring your expungement eligibility, or reaching some other goal; the impacts of a successful 402 reduction can be substantial.

The criminal defense team at Canyons Law Group has assisted clients in obtaining 402 reductions throughout the state of Utah. For those who now live outside of Utah but are looking to reduce the level of a Utah conviction, we can often present your 402 reduction motion to the court and have your charges reduced without requiring your appearance in court.

Filed Under: Defense FAQ

Related

  • What is the process for getting a 402 reduction in Utah?
    What is the process for getting a 402 reduction in Utah?
    A 402 reduction is not an automatic process. Even with a reduction agreed to as part of a plea agreement, a motion to reduce must still be filed with the court after completing probation or parole. You must also convince the judge that the reduction is "in the interest of justice." Utah Code 76-3-402 allows for a reduction in the level of conviction. It can be granted at sentencing or following the completion of probation or parole. Still, reductions at the time of sentencing are rare. Most people pursue the reduction after they have completed probation or parole. The following…
  • With a 402 reduction, how many steps can a conviction be reduced?
    With a 402 reduction, how many steps can a conviction be reduced?
    Under Utah Code 76-3-402, a conviction cannot be reduced by more than two-steps. Whether you need a one-step or a two-step reduction depends on what you want to accomplish and the level of the original conviction. For example, a third-degree felony requires only a one-step reduction to become a misdemeanor. A second-degree felony requires two steps. A class C misdemeanor requires only a one-step reduction to become an infraction. A class B misdemeanor would have to be reduced by two steps to become an infraction. The court can grant a one-step reduction if the judge is convinced that the reduction…
  • How can I clear a felony conviction from my record in Utah?
    How can I clear a felony conviction from my record in Utah?
    The process depends on the nature and severity of your felony. There are certain felonies that are not eligible to be expunged. These include first degree felonies, felony DUIs, violent and capital felonies, registerable sex or child abuse offenses, or felony automobile homicide. Although convictions for these charges are not eligible for expungement through the regular court expungement process, there may be other avenues for clearing your record. Utah criminal law includes an unusual provision that allows a court to reduce the level of a conviction, after the case has closed and after probation or parole have been successfully completed.…
  • Can a judge order a no-bail warrant without a motion from the prosecutor?
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    A magistrate can order a no-bail hold under the provisions of Utah Code 77-20-205, even before a case is formally filed in court. At the time that a magistrate issues an initial arrest warrant or makes a probable cause determination on a warrantless arrest, the magistrate may also order pretrial detention without bail if the magistrate determines that it is appropriate. After the criminal case is filed with the court, Utah Code 77-20-206 allows the prosecutor to make a motion for detention without bail only if the charges include at least one offense that is "eligible" for detention without bail.…

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