402 SENTENCE REDUCTIONS IN UTAH. GET YOUR FELONY REDUCED EASILY

In Utah you can expunge many, many offenses. You can get a Sentence Reduction by one grade very readily, especially if you successfully completed all terms of probation.

Every year the legislatures seems to change slightly the Sentence Reduction statute at Utah Code 76-3-402 and (surprisingly) makes it easier to get your felony reduced to a misdemeanor.

Here is the latest winter 2023 changes to Utah’s sentence reduction statute.

OLD 402 SENTENCE REDUCTION LAW: Prior to the winter 2023 Utah Legislative session you could not get a 402 sentence reduction if you didn’t successfully complete a case. Meaning if your criminal probation or parole was closed unsuccessfully, you could never get a sentence reduction under 76-3-402.

Example: You failed to pay restitution. You violated parole so badly you were sent back to prison. You had numerous orders to show cause resulting in you just going to jail and closing the case unsuccessfully. All these bad events would have barred you from getting a 402 reduction under the old law.

NEW 402 SENTENCE REDUCTION LAW AS OF 05/03/2023: The new 402 reduction law allows you obtain a 402 reduction on prior cases that were unsuccessfully closed if you subsequently successfully close a new case and wait 3 or 5 years depending.

5 Year Waiting Period.
If your probation or parole for the conviction did not result in a successful discharge but you were successfully discharged from probation or parole for a subsequent conviction and you wait 5 years you can get a 402 reduction.

Prior 402 law was that if the case closed unsuccessfully, you could never get a reduction.

3 Year Waiting Period Successful Treatment.

If your probation or parole for the conviction did not result in a successful discharge, but you successfully completed a treatment program, you have to wait 3 years, get prosecutor consent and you can get a 402 reduction.

Basic Requirements for All 402 Reductions of New Utah Code 76-3-402 (EFF 05/03/2023)

(1). You can’t have pending charges are be on probation or parole.
(2). During the 3 or 5 year waiting periods you can’t have other serious convictions. Minor defined regulatory offenses are permitted. Serious felonies are defined.
(3). The judge must approve the reduction. Any 2 step reduction still requires prosecutorial and judicial agreement.
(4). Violent Felonies are still defined by Utah Code 76-3-203.5 and can still be reduced unilaterally if you successfully complete probation, or unsuccessfully completed probation, then by prosecutor consent for any reduction.
(5). 1 Step unilateral reductions for cases successfully competed are still good to go.

Statutory Guides for Judge’s Decision to Reduce under Utah Code 76-3-402.

For all 402 sentence reductions in Utah, the judge shall consider the following statutory guides in make their decision to reduce:

(i) the nature, circumstances, and severity of the offense for which a reduction is sought; (ii) the physical, emotional, or other harm that the defendant caused any victim of the offense for which the reduction is sought; and (iii) any input from a victim of the offense; and (b) the court may consider: (i) any special characteristics or circumstances of the defendant, including the defendant’s criminogenic risks and needs; (ii) the defendant’s criminal history; (iii) the defendant’s employment and community service history; (iv) whether the defendant participated in a rehabilitative program and successfully completed the program; (v) any effect that a reduction would have on the defendant’s ability to obtain or reapply for a professional license from the Department of Commerce; (vi) whether the level of the offense has been reduced by law after the defendant’s conviction; (vii) any potential impact that the reduction would have on public safety; or (viii) any other circumstances that are reasonably related to the defendant or the offense for which the reduction is sought.

Who Has Burden of Proof To Show A 402 Reduction is Appropriate?

The moving party has the burden to prove their qualification for the sentence reduction.

Prison or Jail Time. Now OK for Reduction.

It is now clear that regardless of whether you were sent to prison or jail as a part of your sentence, you can still get a 402 reduction. Generally prior law was that if incarcerated you couldn’t get a reduction.

Unpaid Criminal Restitution.

Like prior law, you can never get a 402 reduction or expungement if you still owe criminal restitution.

Sex, Kidnap and Child Abuse Registries.

You can never get a reduction while you still have to register as a sex, kidnap or child abuse registry.

Victim Notification and a Hearing.

Utah law requires a hearing is any party requests a hearing. Most 402 reductions are signed without a hearing. The victim of the crime is always supposed to be notified of the proposed 402 reduction and have an opportunity to be heard.

CALL/TXT 402 SENTENCE REDUCTION ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT, GET YOUR FELONY DISMISSED. JAKE CAN USUALLY TELL YOU IN 5 MINUTES OVER THE PHONE IF YOU HAVE A CASE

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