With a 402 reduction, how many steps can a conviction be reduced?

December 13, 2022 by stephenh

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 is in the interest of justice – even over an objection from the prosecutor. However, a two-step reduction requires both the prosecutor AND the judge to agree that the reduction should be granted. Utah law prohibits a judge from granting more than just a one-step reduction without the prosecutor’s consent. Under no circumstances can a judge reduce the level of a conviction by more than two steps.

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…
What are the benefits of a 402 reduction?
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…
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.…
What is the difference between acquittal and a not guilty verdict?
Under Utah law, an "acquittal" and a "not guilty" verdict have essentially the same meaning. But neither of these terms is a declaration that the defendant is factually innocent. The criminal justice system relies on a presumption of innocence at trial, with the government prosecutor carrying the burden of proving each element of the offense. The burden of proof in a criminal trial requires that the jury be unanimously convinced, beyond a reasonable doubt, that the defendant did in fact commit the crime charged in the case. Utah judges regularly instruct jurors, prior to beginning their deliberations, that they must…

With a 402 reduction, how many steps can a conviction be reduced?

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