How Do I Get a 402 Reduction of My Conviction in Utah?
Plain-English guide to eligibility, filing the motion, evidence, hearings, and next steps
A 402 reduction can lower the degree of a Utah conviction under Utah Code § 76-3-402. In some cases it can turn a felony into a misdemeanor after you complete your sentence and show rehabilitation. This guide explains who qualifies, how to file, and what happens after the court decides so you can approach the process with clarity.
What a 402 Reduction Is
A 402 reduction does not erase the conviction. It reduces its severity level. That change can improve background checks, expand job and housing opportunities, and in some situations help restore rights. Courts can reduce by up to two degrees when justice and rehabilitation support the change.
Example: a third degree felony could become a class A misdemeanor if the court finds the legal standard is met.
Eligibility and Waiting
- You completed all sentencing terms including probation or parole.
- You paid all fines, fees, and restitution.
- You have no new crimes since the conviction.
- Enough time has passed since case closure, often similar to expungement waiting windows.
- Some offenses are excluded, especially certain violent or sexual offenses.
Filing the Motion and Notifying Others
File a Motion for Reduction of Conviction in the same court that handled your case. Cite Utah Code § 76-3-402 and explain why you qualify. Serve the motion on the prosecutor who handled the case. The prosecutor can support or object. Many courts post examples in their forms or self help sections.
Evidence of Rehabilitation
Stronger evidence helps the judge see your progress and why a reduction serves justice.
- Steady work or school enrollment
- Certificates from treatment or counseling
- Character reference letters
- Community service or volunteer hours
If the Prosecutor Objects
Common objections include unpaid restitution, recent offenses, or not enough proof of rehabilitation. You can respond in writing and at the hearing. If there is no objection, some judges grant the motion on the filings without a full hearing.
The Hearing and Court Order
If set, the court will send a notice with the date and time. Be ready to explain your progress and why the reduction helps you move forward. If granted, the judge signs an order reducing the degree. Obtain a certified copy for your records.
Updating Your Criminal History
Make sure the signed order is sent to these offices so records match the new level:
- Utah Bureau of Criminal Identification
- The prosecutor’s office
- The court clerk
What Comes Next
Many people pursue expungement after a successful 402 reduction if they meet the waiting periods and other criteria. The reduction can open a path to full record sealing. Consider speaking with a Utah attorney who works in post conviction relief to map the best timeline.
Video and Social Learning Hub
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Need Help Applying This to Your Case?
Utah’s 402 reduction can be a powerful second chance when you have completed your sentence and shown real progress. If you want help preparing the motion, organizing evidence, or planning for expungement next, talk with a Utah attorney.
Talk to a Utah AttorneyFor more plain English legal guidance, follow Utah Law Explained, learn about our mission on the About Us page, or connect with trusted counsel like Gibb Law Firm.