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Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2) (402 Motion)


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The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options.

See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes. 


Introduction

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.


Requirements

The court may reduce the degree of a conviction by one degree if:

  • You have successfully completed probation,
  • 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.

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.


Asking for the reduction

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. This type of service follows the requirements of Utah Rule of Civil Procedure 5.

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.

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 reduction is granted

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.


Forms

Required Forms

  • Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2) - PDF Document PDF | Word Document Word
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
  • Findings of Fact, Conclusions of Law and Order - PDF Document PDF | Word Document Word
  • Notice of Order - PDF Document PDF | Word Document Word

Optional Forms

  • Stipulation (Signed by Prosecutor) - PDF Document PDF | Word Document Word
  • Reply to Statement Opposing the Motion - PDF Document PDF | Word Document Word
    (if the prosecutor has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 12/9/2015
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