How do I get a 402 reduction of my conviction in Utah?: 7 Mistakes to Avoid

A 402 reduction lets you ask the court to reduce your conviction by one or two degrees—for example, dropping a felony to a misdemeanor. Utah’s Utah Code § 76-3-402 governs this process. The goal? To give folks who’ve proven themselves a path to a cleaner record, provided certain conditions are met and the prosecutor or court agrees.

Eligibility rules are strict. Generally, you must have completed your sentence, paid all fines and restitution, stayed out of new legal trouble, and waited the required time (varies by offense). Some crimes—like DUIs or certain sex offenses—cannot be reduced. Use Utah’s official courtroom forms and check eligibility details in § 76-3-402(7) before you start.

• Finished probation or parole
• No outstanding fees, restitution, or warrants
• Certain crimes cannot be reduced (see statute)
• Enough time has passed since sentencing

Too many Utahns spend time—and sometimes money—on petitions they aren’t qualified to file. For example, someone in Salt Lake City tried to reduce a DUI, but DUIs are not eligible. Save yourself disappointment by reviewing the eligibility section in Utah Code and talking with a local attorney if you aren’t sure.

Utah courts require specific 402 reduction forms, all of which must be completed accurately. Using the wrong form or leaving important blanks (like case numbers or sentencing dates) can lead to rejection. Always start at the Utah Courts 402 Reduction page for up-to-date requirements.

The District Attorney (or city prosecutor) gets a chance to oppose your request. You have to serve them with copies of your motion and any proposed orders. Skipping this step means your motion can’t move forward in Utah courts like Ogden or Provo. See official notice rules in Utah Code § 77-38a-702.

Utah judges want to see real change. Letters from employers, pastors, or people you’ve helped since finishing your sentence can make a big difference in places like Logan or St. George. Attach evidence that shows how you’ve become a contributing member of your community.

Certain offenses—including violent felonies and offenses listed in Utah Code § 76-5-406—are often excluded from reduction. Always double-check your specific charge, especially if it involved children, violence, or weapons.

After submitting your paperwork, courts in Utah often require a hearing. Missing court dates, not checking your mail, or ignoring phone calls from the clerk can mean your case stalls out. Track your filing on Utah’s MyCase court system and respond quickly to any notices.

1. Mark your calendar for court dates
2. Check your mail and voicemail often
3. Follow up if you don’t get a decision within 60 days

Even if you’re eligible and paperwork is flawless, the judge doesn’t have to grant a 402 reduction in Utah. The court will consider things like your criminal history, community ties, and the prosecutor’s opinion. Be prepared to present your best case, especially in more crowded courts like those in Salt Lake City.

• Double-check eligibility before filing anything
• Download and use official Utah 402 forms
• Serve the prosecutor and keep proof of service
• Save all documents and timelines as you go
• Get support letters from Utah employers, volunteers, or mentors
• Contact a Utah expungement or defense attorney for advice

If you’re considering a 402 reduction in Utah, careful planning pays off. By avoiding these seven common mistakes, you increase your chances for real, long-term benefits—like passing background checks and improving your life in Utah.

Remember, a 402 reduction doesn’t erase your history, but it can give you a second chance to move forward. Take the process seriously, read the laws closely, and if in doubt, consult with a licensed Utah attorney.