Last Updated: November 19, 2023

How many steps can a conviction be lowered using a 402 reduction?

Utah Code 76-3-402 allows a court to reduce the level of a conviction by one step, or by two steps if the prosecution agrees with the request. Do I need a one-step or two-step reduction? Whether you need a one-step or a two-step reduction depends on what you want to…

Utah Code 76-3-402 allows a court to reduce the level of a conviction by one step, or by two steps if the prosecution agrees with the request.

Do I need a one-step or two-step reduction?

Whether you need a one-step or a two-step reduction depends on what you want to accomplish and the level of the original conviction. For example, a third-degree felony requires only a one-step reduction to become a misdemeanor. A second-degree felony requires two steps. A class C misdemeanor requires only a one-step reduction to become an infraction. A class B misdemeanor would have to be reduced by two steps to become an infraction.

The court can grant a one-step reduction if the judge is convinced that the reduction is in the interest of justice – even over an objection from the prosecutor. However, a two-step reduction requires both the prosecutor AND the judge to agree that the reduction should be granted. Utah law prohibits a judge from granting more than just a one-step reduction without the prosecutor’s consent. The law further prohibits a reduction of more than two steps under any circumstances.

Are there alternatives for clearing my record?

Utah provides three main options for clearing your criminal record. Expungement and 402 reduction are the most commonly used tools. If neither of those options will achieve your purposes, Utah’s Board of Pardons and Parole has authority, if circumstances justify relief, to grant a pardon or commutation.

Get Help to Clear Your Record

Our attorneys have assisted clients throughout Utah in getting 402 reductions, expunging convictions and arrests, and in obtaining pardons for older convictions. Call or message us so that we can discuss what options and strategies will work best for you.

Originally Published: November 19, 2023

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