Motion to Reduce Conviction (402 Motion)
You can ask the court to reduce the degree of your criminal conviction if you meet certain requirements. This process is sometimes called a "402 reduction" or a "402 motion," which refers to the section of the law that describes the requirements and process. The full citation to the law is Utah Code Section 76-3-402.
A reduction of the degree of a conviction does not happen automatically. You have to meet the requirements, ask the court for the reduction and give the prosecutor time to respond.
Some people ask for a reduction because they hope to later try to expunge the crime from their record. See our Expunging Adult Criminal Records page for information about the expungement process.
The court may reduce the degree of a conviction by one degree if:
- You have successfully completed probation or parole
- You have paid all fines and court-ordered restitution, and either
- The court determines that it is in the interest of justice to reduce the degree of your conviction.
In both the initial motion and at a requested hearing you have the burden to provide evidence sufficient to show that you have been successfully discharged from probation or parole; and that the reduction is in the interest of justice.
The court may reduce the charge by two degrees only if the prosecutor agrees and you have met the above requirements. An offense may not be reduced by more than two degrees.
Once you have completed the motion paperwork, file it in the same court that handled the original criminal case using the same case number as the criminal case.
You must serve a copy of your motion on the office of the prosecutor who handled the original criminal case. Serve the motion following the requirements of Utah Rule of Civil Procedure 5. If the prosecuting attorney was the state of Utah, serve the county prosecutor. You can find a list of names and addresses for county prosecutors here. If the prosecuting attorney was for a city you can use this tool to find contact information for the city's attorney.
Check with the prosecutor to see if they will agree to the motion. If so, the prosecutor may complete a stipulation that is filed with the court.
The prosecutor will notify any victims in the case (if there are any) that you have filed a Motion for Reduction of Conviction. The prosecutor and/or the victim may file with the court a statement opposing your motion. See our Motions page for more information about procedures and timelines.
If either the prosecutor or the victim does file an opposition, the court will hold a hearing at which all parties will have an opportunity to present information and arguments. If neither the prosecutor nor the victim files a statement, the court may conduct a hearing on its own motion or may grant the motion without a hearing.
If the judge grants your motion, the court will notify the Bureau of Criminal Identification (BCI). However, it is your responsibility to confirm with BCI that the reduction order has been made part of your criminal history. You may need to get a certified copy of the order from the court and provide that to BCI.
- Request to Submit for Decision - |
(filed after all documents have been filed, or the time has passed for the other party to respond)
- Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction - |
(if the prosecutor has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)