A “402 reduction” lets the sentencing court lower the degree of a conviction — turning a felony into a misdemeanor, or stepping any conviction down. The conviction stays on your record, but at the lower level. For many people, one step is the one that matters: the step across the felony line.
A third-degree felony becomes a class A misdemeanor, a class A becomes a class B, and so on. The title of the offense never changes — only the degree. An offense may be reduced a maximum of two degrees, and a two-degree reduction requires the prosecutor’s agreement in writing or on the court record. A one-degree reduction can be granted over the prosecutor’s objection.
| Conviction | One Step Down |
|---|---|
| 2nd-degree felony | 3rd° felony |
| 3rd-degree felony | Class A misd. |
| Class A misdemeanor | Class B misd. |
| Class B misdemeanor | Class C misd. |
| Class C misdemeanor | Infraction |
§ 76-3-402 — The 3rd-degree-felony row is the felony/misdemeanor line. Two steps down (with prosecutor agreement) takes a 2nd-degree felony all the way to a class A misdemeanor.
A felony reduced to a misdemeanor changes how employers, landlords, and licensing boards read your record — and because expungement waiting periods and conviction caps follow the degree, a reduction can shorten your expungement wait or restore eligibility entirely. See our Utah Expungement Guide.
Utah law opens four doors to a 402 reduction. Most people use the second — the post-probation path.
The judge may enter judgment one degree lower if recording the conviction at the statutory degree would be unduly harsh, after victims and the prosecutor are heard.
Successfully complete probation or parole (parole was added in 2021 — a prison term no longer disqualifies you), then move the sentencing court to find the reduction is in the interest of justice.
Three or more years after successfully completing a qualifying rehabilitation program — substance abuse, domestic violence, or vocational/life-skills — with no new convictions beyond traffic or minor regulatory offenses.
If probation didn’t end successfully: five or more years after sentencing on a later case you did successfully discharge (three years if the prosecutor consents), with no serious offense since.
Fines and restitution paid in full — an unpaid balance strips the court of authority. No pending cases; not on probation, parole, or incarcerated for any other offense. Violent felonies need the prosecutor’s consent. Registry offenses can’t be reduced until registration expires — lifetime registrants, never.
Expungement waiting periods follow the degree: eligible felony 7 yrs, class A 5, class B 4, class C 3. A reduction can shorten your wait — and because Utah’s total-conviction caps count felonies differently, it can restore expungement eligibility entirely.
What to file, where, and the order that keeps your motion alive.
Pull your record via MyCase at utcourts.gov and verify supervision ended with a successful discharge. Check payoff balances with the Office of State Debt Collection (801-957-7100); the court has no authority to reduce while any restitution balance remains.
The Motion to Reduce Conviction is filed in the court that sentenced you, under the original case number — not as a new case. Utah Courts publishes motion and proposed-order forms for the standard post-probation path.
The prosecutor gets notice and must make a reasonable effort to notify any victims. A violent felony can’t be reduced without the prosecutor’s consent, and a two-degree reduction requires the prosecutor’s agreement in writing or on the record.
This is where motions are won: steady employment, completed treatment, time passed, community ties, what the conviction is costing you. If the Legislature has since lowered the offense level, the statute directs the court to weigh that in your favor.
If granted, the court notifies BCI — but it’s your responsibility to confirm the reduction actually appears in your criminal history. Get a certified copy of the order and deliver it to BCI yourself if needed (801-965-4445 · bci.utah.gov).
Eligibility gets you in the door; avoiding these keeps you there.
Even a small balance — or accrued interest — strips the court of authority to grant the reduction.
Pending cases, probation, parole, or incarceration on any other offense makes you ineligible. Wait, then file.
Two steps requires written agreement or agreement on the record. Without it, one degree is the ceiling.
An unsuccessful discharge isn’t the end — a later case successfully discharged can re-open the door after 5 years (3 with consent).
No reduction of a registering offense until the registration period expires; lifetime registrants, never.
Eligibility gets you in the door; the persuasive story of what you’ve done since is what gets it granted.
Courts transmit orders, but records fall through cracks. Verify — a reduction that never reaches BCI never helps you.
Utah Courts — utcourts.gov (402 self-help page, motion & order forms)
State Debt Collection — 801-957-7100 (restitution payoff)
BCI — 801-965-4445 · bci.utah.gov (verify your record updated)
Utah Expungement GuideExpungement & Clean Slate ServicesProbation Violations
The interest-of-justice standard is deliberately open-ended — judges have wide discretion, and prosecutors’ positions vary by county. An attorney can verify eligibility before you file, negotiate a stipulation for two-degree or violent-felony requests, and frame the record that persuades.
No obligation. No judgment. Before you pay a single filing fee, find out whether your record qualifies — every consultation is reviewed personally by an attorney.
General legal information, not legal advice; no attorney-client relationship is created by reading this page. Eligibility depends on your complete criminal history, and a judge makes the final decision. Current as of July 2026 — verify at le.utah.gov and utcourts.gov before filing.