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402 Reductions

A "402 reduction" is when the court reduces the degree (or severity) of your criminal conviction. (For example: Reducing a felony down to a misdemeanor.)

This page is to be used if you already know that you need a "402 reduction" in order to be eligible for expungement. Reductions can sometimes hurt your expungement eligibility if you have multiple criminal convictions on your record. If you are not sure that a "402 reduction" would be to your benefit, you may want to consult with an attorney before proceeding. Find out more by answering some questions on the Eligibility page linked below.

Links

402 Reduction Process

We highly recommend that you use a computer (not a mobile device) to complete the forms on this website.

  • You will NEED to have an email address and printer to complete this portion of the process.
  • You will need to know the court location, case number, and Prosecutor's Office for your case. 
    • Refer to your Case Docket for this information.
    • If you have a copy of your case number you can access this information at MyCase.
    • If you do not have a copy of your case number, you will need to look it up using the Xchange case search service.
    • Public terminals with free Xchange access are available at most district court locations. 

This guide is intended as a community resource that provides assistance with the 402 Reduction process. You are free to use other resources instead if you choose.

MyCase - Utah Courts

Case Search - Xchange

District Court Locations

Follow the instructions that correspond to each form.

Note: The prosecutor will notify any victims in the case (if applicable) once you have filed a Motion to Reduce Conviction. The Prosecutor and/or the victim may file with the court a statement opposing your request.

Using the Utah Courts free MyCase Service, you can track what is happening with your case and if the prosecutor has responded. Sometimes your old defense attorney is still being listed as your attorney, and the court or prosecutor sends notice to them instead of to you! Checking MyCase weekly is a great way to make sure you know what is going on in the case if this happens.

If either the Prosecutor or the victim file an opposition:

  • The court will hold a hearing at which time all parties will have an opportunity to present information and arguments.

If no opposition is filed by the Prosecutor or victim, the court may conduct a hearing on its own motion or may grant the motion without a hearing.

If a hearing is scheduled, be sure to attend or your motion will likely be denied.

Instructions - English

Instrucciones - Espanol

Motion to Reduce Conviction (402 Motion) Form

MyCase - Utah Courts

After submitting the Motion to Reduce Conviction, wait 14 days for the prosecutor to respond.

  • After 14 days, if the Prosecutor Objects
    • You can file a Reply Memorandum Supporting Motion within 7 days of receiving the objection.
    • After you file the Reply Memorandum, wait 7 more days before proceeding to the final step
  • If the Prosecutor stipulates, or you don't hear from the Prosecutor, you can proceed to the final step.

Instructions - English

Instrucciones - Espanol

Reply Memorandum Supporting Motion Form

Instructions for Filling Out & Submitting Proposed Order to Reduce
Conviction:

Filling out the Form:

What you will see: (Pages 1-4) - the Findings of Fact, Conclusions of Law, and Order on Motion to Reduce Conviction to send to the Court and Prosecutor; (Pages 5-7) – the Request to Submit for Decision.

Note: Be careful, if using Chrome or Safari Internet browsers when filling out these forms, as they may incorrectly auto-populate fields. Double check all entries before proceeding.

  1. Fill out as many of the yellow highlighted fields as you are able. Click on the form fields to reveal helpful tool tips to guide you in completing the packet.
  2. On Page 7, the Certificate of Service: List the Prosecutor’s Office.
  3. Select how you will be sending a copy of these documents to them in the “Service Method” field.
  4. List the Prosecutor’s Office Address in the “Service Address” field. This is where you will be sending a copy of these documents. View Prosecutor Directory below.
  5.  List the date you will send a copy of these documents to the Prosecutor in the “Service Date” field.
  6. To the left of the “Signature” field, list the date you will send a copy of these documents to the Court.
  7. Remember to double-check all entries before proceeding. Once you click the blue “Submit” button at the bottom of the form, you will not be able to go in again and make changes to your submission.
  8.  You will receive an automatic email from Adobe Sign (adobesign@adobesign.com) asking you to confirm your email address. If you don’t see the email in your inbox, be sure to check your “Junk and/or Spam” folder.
  9. After confirming your email address, you will receive an email from SALT LAKE COUNTY UTAH (adobesign@adobesign.com) with your completed packet attached.
  10. Note: This does NOT mean your forms have actually been submitted. Continue to follow the instructions below to complete the process of “Submitting” your Proposed Order to Reduce Conviction.

Submitting the Form:

  1. Download the attached .pdf that accompanied the email from SALT LAKE COUNTY UTAH (adobesign@adobesign.com). Do not click on the “Open Agreement” link in the email body. It is the attachment you want to print out.
  2. Print two copies of the attachment, single-sided only.
  3. Send the appropriate documents to the Prosecutor’s Office; using the method you selected on the form and by the date you agreed. 
  4. Send the appropriate documents to the Courts. 

District Court Locations

Prosecutors Directory

Instrucciones - Espanol

Order on Motion and Request to Submit for Decision Form