UTAH RULE 402 CRIMINAL CONVICTIONS REDUCTIONS.
See this blog post on how 402 reductions interact with expungement and how the 402 criminal reductions process works.
NEW LAW ON UTAH 402 CRIMINAL CONVICTIONS REDUCTION:
Here is the new law on them:
(1). Old Law. Prior to 2021 if you went to prison or jail you could not get your criminal conviction reduced pursuant to Utah Code 76-3-402.
(2). New Law. New 2021 law is regardless of whether the person had been committed to jail or prison, the court can consider reducing your criminal conviction under Utah Code Ann. 76-3-402. Before a prison or jail sentenced actually served was a complete bar to a 402 reduction.
Call Attorney Jake Gunter for questions on your 402 Utah criminal reductions. Text-Call (801) 373-6345. Free Consults. 402 reduction work is surprisingly affordable, often at only $750 depending on your facts.
Here is the New Law Redline Version Showing the Changes:
H.B. 373
1 CONVICTION REDUCTION AMENDMENTS
2 2021 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jordan D. Teuscher
5 Senate Sponsor: Todd D. Weiler
6
7 LONG TITLE 8 General Description: 9 This bill amends provisions relating to the reduction of the degree of a criminal offense. 10 Highlighted Provisions: 11 This bill: 12 ▸ allows for the reduction of the degree of a criminal offense for a defendant who has 13 been successfully discharged from parole; 14 ▸ provides for the court's jurisdiction to consider a motion for reduction; 15 ▸ establishes the burden of proof; and 16 ▸ makes technical and conforming changes. 17 Money Appropriated in this Bill: 18 None 19 Other Special Clauses: 20 None 21 Utah Code Sections Affected: 22 AMENDS: 23 76-3-402, as last amended by Laws of Utah 2020, Chapter 151 24
25 Be it enacted by the Legislature of the state of Utah: 26 Section 1. Section 76-3-402 is amended to read: 27 76-3-402. Conviction of lower degree of offense -- Procedure and limitations. 28 (1) As used in this section, "lower degree of offense" includes an offense for which:
29 (a) a statutory enhancement is charged in the information or indictment that would 30 increase either the maximum or the minimum sentence; and 31 (b) the court removes the statutory enhancement in accordance with this section. 32 (2) The court may enter a judgment of conviction for a lower degree of offense than 33 established by statute and impose a sentence at the time of sentencing for the lower degree of 34 offense if the court: 35 (a) takes into account: 36 (i) the nature and circumstances of the offense of which the defendant was found 37 guilty; and 38 (ii) the history and character of the defendant; 39 (b) gives any victim present at the sentencing and the prosecuting attorney an 40 opportunity to be heard; and 41 (c) concludes that the degree of offense established by statute would be unduly harsh to 42 record as a conviction on the record for the defendant. 43 (3) (a) [If the court suspends the execution of a defendant's sentence and places the 44 defendant on probation, regardless] Regardless of whether the defendant is committed to jail as 45 a condition of probation or sentenced to prison, the court [may] has jurisdiction to consider and 46 enter a judgment of conviction for a lower degree of offense: 47 (i) after the defendant has been successfully discharged from probation or parole; 48 (ii) upon motion and notice to either party; 49 (iii) after reasonable effort has been made by the prosecuting attorney to provide notice 50 to any victims; 51 (iv) after a hearing if requested by either party; and 52 (v) if the court finds entering a judgment of conviction for the lower degree of offense 53 is in the interest of justice. 54 (b) In making the finding in Subsection (3)(a)(v), the court shall consider as a factor in 55 favor of granting the reduction, after the defendant's conviction, whether the level of the
56 offense has been reduced by law. 57 (c) In both the initial motion and at a requested hearing described in Subsection (3)(a), 58 the moving party has the burden to provide evidence sufficient to demonstrate: 59 (i) that the defendant has been successfully discharged from probation or parole; and 60 (ii) that the reduction is in the interest of justice. 61 (4) (a) An offense may be reduced only one degree under this section, whether the 62 reduction is entered under Subsection (2) or (3), unless the prosecuting attorney specifically 63 agrees in writing or on the court record that the offense may be reduced two degrees. 64 (b) An offense may not be reduced under this section by more than two degrees. 65 (5) This section does not preclude an individual from obtaining or being granted an 66 expungement of the individual's record in accordance with Title 77, Chapter 40, Utah 67 Expungement Act. 68 (6) The court may not enter judgment for a conviction for a lower degree of offense if: 69 (a) the reduction is specifically precluded by law; or 70 (b) if any unpaid balance remains on court ordered restitution for the offense for which 71 the reduction is sought. 72 (7) When the court enters judgment for a lower degree of offense under this section, 73 the actual title of the offense for which the reduction is made may not be altered. 74 (8) (a) An individual may not obtain a reduction under this section of a conviction that 75 requires the individual to register as a sex offender until the registration requirements under 76 Title 77, Chapter 41, Sex and Kidnap Offender Registry, have expired. 77 (b) An individual required to register as a sex offender for the individual's lifetime 78 under Subsection 77-41-105(3)(c) may not be granted a reduction of the conviction for the 79 offense or offenses that require the individual to register as a sex offender. 80 (9) (a) An individual may not obtain a reduction under this section of a conviction that 81 requires the individual to register as a child abuse offender until the registration requirements 82 under Title 77, Chapter 43, Child Abuse Offender Registry, have expired.
83 (b) An individual required to register as a child abuse offender for the individual's 84 lifetime under Subsection 77-43-105(3)(c) may not be granted a reduction of the conviction for 85 the offense or offenses that require the individual to register as a child abuse offender.