What are the benefits of a 402 reduction?

If you’ve been convicted of a crime in Utah, you might feel like that record will always follow you. However, Utah law provides options to reduce the long-term impact of your conviction, and a 402 Reduction is one of the most effective tools available.
attorney meeting with client at desk

What is a 402 Reduction in Utah?

A 402 Reduction allows courts to lower the severity of a conviction by one or two degrees, which can make a significant difference in many areas of your life. If you’ve successfully completed probation or parole, or if you meet other eligibility criteria, this legal tool can help reduce the impact of your criminal record.

Why Consider a 402 Reduction?

A felony or serious misdemeanor conviction can limit your options for employment, housing, and even professional licensing. By lowering the degree of your conviction, a 402 Reduction opens new doors and helps you move forward.

Benefits of a 402 Reduction:

  • Improve Job Prospects: Having a lower charge on your record could make a difference in passing background checks.
  • Access to Housing: Reduced charges may increase your chances of approval for rental applications.
  • Professional Licensing: Some licensing boards may disqualify applicants with felony convictions, but a reduction may restore eligibility.

402 Reduction and Expungement

In Utah, the Bureau of Criminal Identification (BCI) determines expungement eligibility based on the age, number, and severity of your convictions. Reducing the level of a conviction through a 402 Reduction can help restore your expungement eligibility. Here’s how it works:

  • Shorten the Waiting Period: The higher the level of your conviction, the longer you must wait to become eligible for expungement. A 402 Reduction can lower your conviction, shortening your waiting period by years.
  • Restore Expungement Eligibility: Having two felony convictions may disqualify you from expungement, but a 402 Reduction can reduce those felonies to misdemeanors, making you eligible again.

Why Work with an Attorney?

Filing a 402 Reduction motion can be a complex process. Our experienced legal team has helped many clients across Utah successfully reduce the level of their convictions. Whether you’re looking to shed the label of a “convicted felon,” restore your expungement eligibility, or achieve another important goal, a 402 Reduction can have a substantial impact on your future.

Living Outside of Utah?

If you’ve moved out of Utah, we can often handle the entire process on your behalf. In many cases, we can present your 402 Reduction motion without you needing to appear in court.

Ready to Learn More?

If you’ve successfully completed probation or parole, now might be the time to explore how a 402 Reduction can benefit you. Contact us today to discuss your options and find out how we can help you reduce your conviction and move forward with a clean slate.

Originally Published: November 19, 2023

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    A Culture of Advocacy
    What Does It Mean That Our Firm Fosters a Culture of Advocacy? At Stone River Law, fostering a culture of advocacy is at the core of our mission....
    November 22, 2024
    Ogden Second District Court – Utah
    Ogden's Second District Court has exclusive jurisdiction over all felony and class A misdemeanor cases in Weber County, along with de novo justice...
    November 1, 2024
    Prosecution Discovery Obligations – Police Materials
    The prosecution team in a Utah criminal case includes more than just prosecuting attorneys. Police officers directly involved in the investigation,...
    October 29, 2024

    Ready to explore our other articles?