In 2004 I pled guilty to robbery as a second degree felony. I was disbarred in 2005. I completed my probation, and in 2008 the court reduced the conviction under Utah Code § 76-3-402. My conviction of record is a class A misdemeanor. It has not been expunged, and I am not asking anyone to overlook it. I have filed my own 402 motion and waited on my own ruling. I am not writing this page out of a treatise.
Everything below is quoted or drawn from the operative text of Utah Code § 76-3-402, the version effective May 6, 2026.
What the Statute Does
A 402 reduction is a court order entering a judgment of conviction for a lower degree of offense than the one the statute establishes. A second degree felony becomes a third degree felony. A third degree felony becomes a class A misdemeanor. A class A misdemeanor becomes a class B. The offense you were convicted of does not disappear. Its degree changes.
Degree is what most background checks, licensing boards, employers, and firearm restrictions actually key on. That is why the difference matters.
The Most Common Route: After Probation
Most people who call about this are done with probation and want to know if they can clean things up. That is § 76-3-402(3). It provides that on a motion from the prosecuting attorney or the defendant, the court may enter a judgment of conviction for a lower degree of offense than established by statute "(a) after the defendant is successfully discharged from probation or parole for the conviction; and (b) if the court finds, in accordance with Subsection (8), that entering a judgment of conviction for a lower degree of offense is in the interest of justice."
Two things follow from that language. You have to be successfully discharged, not merely finished. And the motion is not automatic. Someone has to file it, and the court has to make an interest of justice finding.
The statute also allows a reduction at the time of sentencing under § 76-3-402(2), and there are other routes in subsections (4) through (7). Which one applies depends on where you are in your case.
How Far a Reduction Can Go
Section 76-3-402(11) sets the ceiling. It reads: "(a) An offense may be reduced only one degree under this section, unless the prosecuting attorney specifically agrees in writing or on the court record that the offense may be reduced two degrees. (b) An offense may not be reduced under this section by more than two degrees."
So one degree is the default. Two degrees requires the prosecutor to affirmatively agree, in writing or on the record. Nothing in this section gets you three. My own reduction was a two degree reduction, from a second degree felony to a class A misdemeanor, which is the maximum the statute allows, and it required a prosecutor to agree to it.
What the Court Weighs
Section 76-3-402(8) is the interest of justice test. The court shall consider the nature, circumstances, and severity of the offense, the physical, emotional, or other harm you caused any victim, and any input from a victim.
The court may also consider your special characteristics and circumstances, your criminal history, your employment and community service history, whether you participated in and successfully completed a rehabilitative program, any effect the reduction would have on your ability to obtain or reapply for a professional license from the Department of Commerce, whether the level of the offense has been reduced by law since your conviction, any potential impact on public safety, and any other circumstances reasonably related to you or the offense.
That list is where the work is. A 402 motion is not a form. It is a record you build, and victim input can decide it.
What a Reduction Does Not Do
It does not rename the offense
Section 76-3-402(14) is explicit: "When the court enters a judgment for a lower degree of offense under this section, the actual title of the offense for which the reduction is made may not be altered." My conviction is a class A misdemeanor. It is still titled robbery. Anyone who tells you a reduction makes the charge go away is wrong.
It does not seal the record
A reduction lowers the degree. An expungement seals the record. They are different remedies under different statutes. Section 76-3-402(12) says so directly: "This section does not preclude an individual from obtaining or being granted an expungement of the individual's record in accordance with Title 77, Chapter 40a, Expungement of Criminal Records."
For many people the reduction is the first step and the expungement is the second. A reduction can also change the classification the expungement statute keys on, because Utah Code § 77-40a-303(2)(a) bars expungement of first degree felonies and of felony convictions of violent felonies, and a conviction reduced below felony level is no longer a felony conviction. Whether that helps you depends on your specific offense and your record. Read the expungement page.
Restitution Is a Hard Stop
Section 76-3-402(13) provides that the court may not enter a judgment for a lower degree of offense if "(a) the reduction is specifically precluded by law; or (b) any unpaid balance remains on court-ordered restitution for the offense for which the reduction is sought."
There is no discretion in that. If you owe restitution on the case, pay it before you file. Otherwise you will lose the motion on the paperwork and not on the merits.
Registry Offenses
Section 76-3-402(15) restricts reductions for offenses that require registration. You may not obtain a reduction of a conviction that requires you to register as a sex offender, kidnap offender, or child abuse offender under Utah Code § 53-29-202 until the registration requirements under Title 53, Chapter 29 have expired. And if you are required to register for life under § 53-29-203(1)(b), you may not be granted a reduction of the conviction that requires the registration at all.
Other reductions can also be barred by law under § 76-3-402(13)(a), and Utah Code § 76-3-406 separately prohibits a lower category of offense for certain crimes. If your case is in that territory, do not rely on a web page. Get the specific statute read against your specific judgment.
What I need from you to answer this. The case number and the court. The offense and the degree you were convicted of. The date you were discharged from probation or parole, and whether the discharge was successful. Whether any restitution balance remains. With those five facts I can usually tell you where you stand in one call.
Reduction or Expungement, Which One
| 402 Reduction | Expungement | |
|---|---|---|
| Statute | Utah Code § 76-3-402 | Utah Code Title 77, Chapter 40a |
| What it changes | The degree of the conviction | Who can see the record |
| Record still public | Yes | No, it is sealed |
| Offense title changes | No, § 76-3-402(14) | Not applicable |
| Main timing gate | Successful discharge from probation or parole, § 76-3-402(3) | Waiting period by offense class, § 77-40a-303(1)(c) |
| Can you do both | Yes. § 76-3-402(12) says a reduction does not preclude an expungement. | |
Find Out Where You Actually Stand
The consultation is free. If your conviction is not eligible, or if you are better off waiting, you will hear that directly.
(801) 641-0883 Send a MessageThis article is for general informational purposes only and does not constitute legal advice. Eligibility depends on the exact statute you were convicted under and on your full criminal history. Contact an attorney to discuss your specific situation.