Having a conviction on your record can be a hassle. It can limit your work opportunities, increase your insurance costs, and have other unforseen consequences. Fortunately, even in cases where you have been convicted of a criminal offense, there are still options for you.
A 402 reduction is an action named after the section of Utah Code that the action comes from. A 402 reduction reduces the severity of the crime you committed by one or two degrees. In order to obtain a 402 reduction you will need to have first completed the terms of your conviction, whether it is paying a fine, or remaining on probation as appropriate. Once you have, file a motion with the court and potentially speak with the local prosecutor. These motions are fairly simple, but having an attorney can help streamline the process and make it easier.
Expunging a record seals the court record of a conviction. In many circumstances, the conviction is then treated like it never happened. In order to qualify for an expungement, you must wait a certain amount of time, and then request a certificate of eligibility from the Utah Bureau of Criminal Affairs. You then file a petition with the court you were convicted in. You will then serve the prosecutor’s office that was involved with your conviction. Depending on the circumstances, the Prosecutor may consent the expungement by either not responding within sixty days; or by letting the court know that they are fine with the expungement. However, the Prosecutor may also file an objection to the Petition asking for the expungement. In which case the court will hold a hearing and determine if it appropriate to expunge the record. Expungements usually take several months to do. But they are another thing that is typically relatively simple. However, the presence of an attorney can simplify the process.
Just because you have been convicted does not mean that there is not anything that can be done. Using this and other tools that the courts have available can minimize the impact a conviction can have on your life. Contact our office for help with this and any other legal issues