How to ask to lower your conviction
Step 1: File
Fill out this form: 1023XX
File your motion in the same court that handled the original criminal case using the same case number as the criminal case.
If you have any proof (like a certificate of completion from a rehabilitation program), file that along with your motion.
Step 2: Contact the prosecutor
Ask the prosecutor who handled your case if they will agree to the motion. 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. If your case was brought by the state of Utah, contact the county prosecutor.
If the prosecutor agrees, they may file with the court, saying they agree with your motion.
If they do not agree, serve them a copy of your motion.
Step 3: Wait and respond to any other paperwork
The prosecutor will notify any victims in the case (if there are any) about your motion. The prosecutor, the victim, or both may file with the court a statement opposing your motion. If they file an opposition and bring up something new that you need to respond to you can file a Reply Memorandum Supporting the Motion. See our Motions page for more information about procedures and timelines.
If either the prosecutor or the victim files an opposition, the court will hold a hearing. At the hearing, all parties will have a chance to present information and arguments. If neither the prosecutor nor the victim files a statement, the court could hold a hearing on its own motion or might grant the motion without a hearing.
If you don't hear from the prosecutor and nothing is filed after 14 days, file these forms:
- Request to Submit for Decision - PDF | Word
- Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction - PDF | Word
If the court grants your request and lowers your conviction
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.
If the motion is granted the title of the offense does not change. Only the degree of the offense is changed.
An offense can only be lowered by two degrees.
If you are hoping to expunge the crime for your record, see our page on Expunging Adult Criminal Records page.
Information about filing documents in existing cases by email
- 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)