A 402 reduction (a motion filed under Utah Code 76-3-402) can reduce a felony conviction to a misdemeanor. A 402 reduction can also help to restore your eligibility for expungement. As an experienced Utah criminal defense attorney, Stephen Howard has helped clients reduce their charges to misdemeanors in cases as serious as arson, aggravated assault, drug distribution, and many more.
To qualify for a 402 reduction, the court must determine: 1) that probation was completed successfully; and 2) that it is in the interest of justice to grant the reduction. We can usually determine quickly over the phone whether you are a good candidate for a 402 reduction. Contact us today and start the process of having your charges reduced or clearing your record.
The most common use of a 402 reduction is to have a felony conviction reduced to a misdemeanor. Under Utah Code 76-3-402, the level of a conviction may be reduced by a maximum of two steps. This means that even a second-degree felony conviction can be reduced to the misdemeanor level. In order to obtain a two-step reduction, the prosecutor’s consent (“stipulation”) is required. But a third-degree felony can be reduced to a misdemeanor even over the objection of the prosecutor.
Under Utah law, a 402 reduction may also be useful in restoring a person’s eligibility for expungement. Under Utah law, expungement eligibility is determined by a combination of time and the extent of a person’s criminal record. For example, a single felony conviction may be expunged after seven years. But if a person has two felony convictions, he/she is disqualified from obtaining an expungement regardless of how much time has passed. In such a case, a 402 reduction may be used to reduce one (or both) of the convictions to a misdemeanor level. For expungement purposes, the person is no longer considered to have two felony convictions, and eligibility for expungement may be restored.
Contact us to learn whether you are eligible for a 402 reduction, and how an experienced Utah criminal attorney can help you.