Utah Code Title 77 Chapter 42 establishes a white collar crimes registry that is maintained by the office of the Utah Attorney General. Section 108 governs formal registry removal proceedings. But removal can also be achieved by reducing the level of the conviction itself.
Registry Removal via 402 Reduction
Section 77-42-105 lists the offenses that can require registration:
- securities fraud;
- theft by deception;
- unlawful dealing of property by a fiduciary;
- insurance fraud;
- mortgage fraud;
- communications fraud;
- money laundering; and
- pattern of unlawful activity.
A key element leading to required registration is the level of the offense for which the conviction is entered. Section 105 specifically limits the registration requirement to convictions of any of the listed offenses “as a second degree felony.”
When a reduction order is entered under Utah Code 76-3-402, the level of the convictions is modified. A conviction that began as a second degree felony becomes a third degree felony following a one-step reduction order. A two-step reduction would change the second degree felony to a class A misdemeanor.
Because registration under Section 105 is limited only to “second degree felony” convictions, a 402 reduction order lowering the level of the conviction should also eliminate the registration requirement.