Salt Lake 402 Reduction Lawyer - Getting Your Charges
Reduced
Having a felony on your record can cause problems in many areas of your
life. But you may be able to have your
felony convictions
reduced to
misdemeanors using what is commonly called a "
402
reduction"
even before you are eligible to have them expunged.
Utah criminal defense lawyer
Stephen Howard can help.
Beginning the 402 Reduction Process
A reduction in the level of a conviction under Utah Code 76-3-402 is
not automatic. To
initiate the reduction process, a formal motion must be filed
demonstrating succesful completion of probation and showing that
"interests of justice" will be served by the
reduction. A
hearing with the court may be required, where both sides will be given
the opportunity to present their positions to the court.
A 402 reduction is not guaranteed - there is no right to a reduction.
Instead, the court has discretion to either grant or deny the requested
reduction.
Stipulated 402 Reduction Motions
If you are seeking a 402 reduction of only one step, a stipulation from
the prosecutor is not necessary. But without a stipulation,
you may be required to appear for a hearing with the court.
If you are seeking to have your convictions reduced by two
steps, the statute requires that you obtain the prosecutor's
stipulation to the motion. Even if the court is inclined to grant a
two-step reduction, the prosecutor's consent is required.
Benefits of a 402 Reduction
One of the most common benefits of getting a 402 reduction is the
removal of a "felony" conviction from a defendant's criminal record.
Even though the case may still show on a criminal history report, the
charge may now be considered a misdemeanor rather than a felony
conviction.
In some cases, a 402 reduction may be beneficial even if the original
conviction is already a misdemeanor. A 402 reduction is sometimes used
to to speed up the
expungement
process. For example, a felony
conviction has a 7 year waiting period before you may be eligible to
have the conviction expunged. But a class A misdemeanor has
only a 5 year waiting period. So if your felony conviction is
reduced just one step, you may be eligible for an expungement 2 years
earlier. A reduction from a class A to a class B misdemeanor can shave
an additional year off the expungement waiting period.
In some cases, a 402 reduction can be used to restore eligibility for
expungement.
Expungement eligibility is based not only on the length of
time that has passed since a conviction, but also on the total number
of felony or misdemeanor convictions on a person's criminal history. If
a 402 reduction is used to reduce a misdemeanor conviction to the
infraction level, the conviction will no longer count against
expungement eligibility.
Contacting a Utah Criminal Attorney for 402 Reductions
By cleaning your record, getting rid of felony convictions, and
speeding up the expungement process, you can open doors for yourself
that have been closed for too long. Stephen Howard is an
experienced
criminal
defense attorney in Salt Lake City, Utah. He has
obtained reductions for many clients during his career.
Contact us now for
help in getting your convictions reduced or getting your record
expunged.