Utah Code 76-3-402 outlines the legal framework for obtaining a reduction in the severity of a criminal conviction, commonly referred to as a “402 reduction.” Effective July 1, 2024, significant updates to this law have been implemented, expanding eligibility and clarifying the procedure. Here’s what you need to know about the process.
What is a 402 Reduction?
A 402 reduction allows a court to lower the degree of a criminal offense on your record. For example, a felony conviction may be reduced to a misdemeanor. This reduction can have significant benefits, such as restoring rights or making seeking employment or professional licensing easier.
When Can a 402 Reduction Be Granted?
The court may grant a 402 reduction under several circumstances:
At Sentencing:
- The court may reduce the degree of offense during sentencing if it considers the nature of the offense, the defendant’s history, and if the original degree would be unduly harsh.
Post-Probation or Parole:
- After successfully completing probation or parole, a motion can be filed by the defendant or prosecutor. The court will consider whether the reduction is in the “interest of justice.”
Unsuccessful Probation or Parole but Later Rehabilitation:
- Even if a defendant did not successfully complete probation or parole for the original offense, they may still be eligible for a reduction if they successfully completed probation or parole for a subsequent conviction or a recognized rehabilitation program.
Long-Term Eligibility:
- After five years (or three years with prosecutorial consent) following unsuccessful probation or parole, a defendant may apply for a reduction, provided they have not committed a serious offense or have pending charges.
Factors the Court Considers
When deciding whether to grant a reduction, the court must consider:
- The nature and severity of the offense.
- The harm caused to any victims.
- The defendant’s criminal history and rehabilitation efforts.
- The potential impact of the reduction on public safety.
The court may also weigh other factors, such as the defendant’s employment history and community service, and whether reducing the offense would affect their ability to obtain or reapply for a professional license.
Procedural Requirements
- Notice and Hearing: Both the prosecutor and any victims must be notified of the motion for reduction, and a hearing may be requested by either party.
- Burden of Proof: The party requesting the reduction must provide sufficient evidence to meet the statutory requirements.
- Restrictions: Some offenses, particularly those requiring sex offender registration, are not eligible for a 402 reduction until registration requirements have expired. Additionally, the offense may only be reduced by one degree unless the prosecutor consents to a two-step reduction.
Limitations and Exclusions
The court cannot reduce the conviction if:
- The reduction is specifically precluded by law.
- There is any unpaid court-ordered restitution or fine.
- The conviction involves certain severe offenses, particularly those requiring lifetime registration as a sex, kidnap, or child abuse offender.
Conclusion
The updates to Utah Code 76-3-402 provide broader opportunities for individuals seeking to reduce the severity of their criminal convictions, particularly emphasizing rehabilitation and post-conviction conduct. However, the process is detailed and requires careful adherence to statutory requirements.
If you believe you may be eligible for a 402 reduction, consulting with a legal professional who understands these recent changes is crucial to navigating the process successfully.