A 402 reduction is a legal process in Utah that may allow a criminal charge to be lowered by one or two degrees, reducing its severity. A crime’s ‘degree’ is a way of showing how severe the state considers it. Crimes with a higher degree are ‘worse’, and have bigger penalties. This means that 402 reductions can make a big difference when applying for jobs, housing, and professional licenses.
A 402 reduction does not erase a record, but it makes a record less of a burden. It can also help individuals who miss the eligibility requirements for expungement become eligible.
Who Can Benefit from a 402 Reduction?
A 402 reduction is a great option for:
- Individuals who face barriers due to their conviction and would benefit from a less severe charge.
- People who are close to meeting expungement eligibility but need a reduced charge to qualify.
- Anyone who wants to improve their record to access better employment, housing, and licensing opportunities.
- Individuals who are looking to get out of felon status.
Why Choose Rasa?
Understanding whether you qualify for a 402 reduction and navigating the legal process can be confusing. Rasa, however, makes it simple. We offer several key services including
- An eligibility tool.
- Expert handling to determine the best way to use a 402 reduction for your situation.
- A cheaper, faster option since Rasa will handle the paperwork and legal steps for you.
Check your eligibility today with Rasa.
Understanding the 402 Reduction Process
A 402 reduction is a legal tool that helps lower the severity of a conviction. This makes it easier to find work, housing, and other opportunities. While the process requires court approval, Rasa can help make it simple and stress-free.
What are Degrees?
A 402 reduction in Utah lowers the severity of a criminal charge by one or two levels. Criminal charges are ranked by degrees—higher degrees mean more serious crimes with harsher penalties.
Think of it like a ladder. Felonies have three levels: First, Second, and Third Degree. Misdemeanors have three classes: A, B, and C. Below that are infractions, which are the least serious offenses.
A 402 reduction lets you move down one or two steps on this ladder. For example, a Third Degree felony can be reduced to a Class A or B misdemeanor. A Class A misdemeanor can become a Class B or C misdemeanor. This can help you avoid felony status, become eligible for expungement, or reduce the impact of your record.
There are two types of 402 reductions:
- One-step reduction: Moves a charge down one level (e.g., Class A to Class B misdemeanor).
- Two-step reduction: Moves a charge down two levels (e.g., Third Degree felony to Class B misdemeanor).
By lowering your charge, a 402 reduction can make a big difference in your future.
How the 402 Reduction Process Works
- Find the Best Option
- Rasa can help you find the best way to get and use a 402 reduction. That can include getting your record expunged or getting out of felony status.
- Confirm Eligibility
- The court considers several factors before approving a 402 reduction, including the nature of the crime, time since the conviction, compliance with probation, and rehabilitation efforts.
- Rasa can help you determine if you qualify before starting the process.
- Prepare for a Hearing (If Required)
- Some cases require a court hearing where you must present evidence of rehabilitation.
- If you are doing a ‘two-step’ reduction, the process can be more difficult than if you are doing a one-step reduction because the agreement of the prosecutor is required.
- Charges Are Reduced
- If the court approves your request, your conviction will officially be lowered by one or two degrees.
- You can enjoy all of the benefits or qualifications that come with a reduced charge
Interaction with Expungement
402 reductions can help get a record expunged. Click here for more information on how expungement works and eligibility requirements. If you are close to meeting the requirements for an expungement, 402 reductions can tip the scales in your direction. It can be used to help meet the type and time requirements for expungement.
Eligibility for a 402 Reduction
Not everyone qualifies for a Utah 402 reduction. The court carefully reviews the type of conviction, sentence completion, and rehabilitation efforts before granting approval. However, many people with past convictions may be eligible.
Who is Eligible for a 402 Reduction?
A 402 reduction may be an option if:
- Your sentence is complete, including probation and parole
- Any and all restitution with regard to that case has been paid
- You have demonstrated rehabilitation
The judge will consider:
- The nature and severity of the crime
- Time elapsed since the offense
- Any input from a victim
- Criminal history and any additional charges
- Efforts at rehabilitation and community contributions
Options for Unsuccessful Discharge
If you did not successfully complete probation or parole, you may still qualify for a 402 reduction. As a general rule, if:
- You completed probation or parole on a subsequent case →at least 3-years have passed without further offense before applying.
- You completed a rehabilitation program →at least 3-years have passed without further offense before applying.
- No rehab program was completed, and the case was your last offense → at least 5-years have passed without further offense before applying,
Who is NOT Eligible for a 402 Reduction?
Certain individuals may not qualify for a 402 reduction, including:
- Individuals with recent criminal activity or new charges.
- Restitution is still owing on the case.
- Cases where the prosecution objects and the court agrees that a reduction is not justified.
Even if you don’t qualify for a 402 reduction, you may still be eligible for other record-clearing options, like a pardon.
Start the Process Today
Record clearing can be life-changing, helping you move forward with a less severe charge on your record. Whether you want to qualify for better jobs, get better housing, or become eligible for expungement, now is the time to take action.
Why a 402 Reduction Matters
- Eligibility for Expungement – A lowered conviction may help you qualify for full expungement, allowing you to clear your record completely.
- Better Employment Opportunities – Many employers hesitate to hire individuals with a felony conviction. A 402 reduction can improve your job prospects.
- Easier Housing Applications – Landlords often check criminal records. A reduced charge can make it easier to get approved for housing.
- Improved Peace of Mind – Knowing your charge has been reduced can give you greater confidence in moving forward.
How Rasa Can Help
Navigating the Utah 402 reductions process can be confusing, but Rasa makes it fast, affordable, and stress-free.
- Check your eligibility in minutes with Rasa’s eligibility tool.
- Have Rasa handle planning how to use record clearing like a 402 reduction
- Avoid delays and mistakes by letting Rasa manage the paperwork for you.
Check your eligibility today and start the process with Rasa!
