This page was designed to help our clients better understand our Utah Conviction Reduction service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to see its answer:
In order to have your case reduced two degrees, the prosecutor must agree in writing. However, the prosecutor's agreement is not necessary for a reduction of one degree.
If you owe any money to the court for the offense you are trying to reduce, including restitution, then you are not eligible to have your case reduced.
We have to reduce the case before we are able to file for the expungement; however, we do give discounts if you sign up for both services together.
As long as you successfully completed probation, receiving a suspended prison sentence does not matter.
As long as you successfully completed probation you are eligible, so whether or not you went to county jail does not matter.
Reductions must be filed and completed per case. Therefore, we charge per case regardless of how many counts were involved. If, however, you sign up for multiple cases, then we can discount the additional cases.
If you have multiple charges in a case, then your case is classified according to the highest classification of offense. For instance, if you have a case with a misdemeanor A conviction and a misdemeanor B conviction, the case is classified as a misdemeanor A conviction.
Requests are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe granting your reduction will be in the interest of society, (4) violating probation and (5) not paying fines.
No, we go for you. If the court requests your presence and you are unable to attend, then we will request for your presence to be excused.
You will receive a court order reducing the conviction. Criminal record databases will be updated to reflect the reduction.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful we may recommend the person wait longer to refile.
Reduction does not affect registration. If you are required to register, then you must complete all the registration requirements and the registration must have expired before you are eligible to have your offense reduced.
In Utah, you only lose your voting rights if you have been convicted of a felony. Even then, your voting rights are restored the moment you are given probation, are granted parole, or successfully complete your prison term.
Every case is unique, and while a reduction may be helpful to your immigration case, you need to get an analysis tailored to your specific facts from an immigration attorney. Our in-house immigration attorney is available to answer your questions at 714-617-8395.
Probably not. The Utah Court of Appeals has previously determined that once an individual has been convicted of one or more disqualifying offenses, they remain restricted regardless of how the crime was classified and regardless of the sentence imposed. State v. Gurr, 904 P.2d 238 (Ut Ct. App. 1995). This means that reclassification of an offense from a felony to misdemeanor will not have any effect on your Utah firearm rights. However, an expungement in Utah restores gun rights in most instances as long as the federal misdemeanor domestic violence ban does not apply. There is a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. Therefore, if you were convicted of misdemeanor domestic violence, the federal gun ban may preclude you from owning a firearm, even after expungement.
If your case is reduced but not expunged, your record will appear as either a conviction of the first or second lower degree than the class of your original conviction. If your case is reduced and expunged, your record will be sealed and will not appear on your background check.
The court will send the granted order to the Utah Bureau of Criminal Investigations. The Utah Bureau of Criminal Investigarions will then update their records and the criminal record databases will be updated to reflect that your case was reduced in degrees.
The court updates the court records within 48 hours and the Utah Bureau of Criminal Investigations typically updates their records within 30 days.