Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Contact Us

Clearing Your Utah Criminal Record

Can I get a 402 reduction if probation was terminated unsuccessfully?

Under Utah Code 76-3-402, a court can reduce the level of conviction by one or two steps if the court finds that the reduction is "in the interest of justice." As a preliminary requirement for obtaining a 402 reduction, a defendant must first complete probation "successfully."

But even in cases where probation was terminated unsuccessfully or a defendant was sent to prison, there may be alternative methods of clearing your record. An expungement order or pardon can seal court records and clear your criminal history report. An experienced criminal attorney can help you determine the best strategy for clearing your criminal record and help you navigate the complex process that can be involved.

Utah criminal defense attorney Stephen Howard has assisted clients in clearing their records in a variety of circumstances, including clients with serious felony convictions and numerous misdemeanor or felony convictions. Contact us today to see how we can help you.

Successful Completion of Probation

Under prior versions of Utah Code 76-3-402, a reduction in the level of conviction required completion of probation "without violation." The legislature has since relaxed the statutory requirement to include cases where a defendant may have had problems early on in the probation period, but ultimately completed probation successfully. But even with this relaxed requirement, a defendant who is sentenced to prison without the opportunity of probation or a defendant who has had probation revoked or terminated unsuccessfully will not be able to obtain a 402 reduction.

In cases in which a defendant is sentenced to serve a prison term, successful completion of parole does not satisfy the successful probation requirement. Regardless of how well a defendant may perform on parole, the statute specifically requires successful completion of probation.

Clearing Your Record with an Expungement

The expungement process is more lengthy and complex than the 402 reduction process. But it also provides a more complete clearing of a person's criminal record. While a 402 reduction can be a relatively quick way to reduce a felony conviction to the misdemeanor level, an expungement will seal court records, police reports, and prosecutor files, and will allow a person to answer most questions as though the arrest and conviction had never occurred.

Contact us now and we can help you determine your eligibility for expungement, or discuss other alternatives for clearing your record.

Using a Pardon to Clear Your Record

The Utah Board of Pardons and Parole has jurisdiction and authority to grant a pardon in many cases where a person is otherwise not eligible for expungement. A common misconception is that a pardon must be granted by the governor. But under Utah law, the Board of Pardons and parole has pardon authority.

Utah law previously provided that a pardon restored eligibility for expungement. But under more recent changes to the law governing expungements, a pardon granted by the Board has the same effect as an expungement. The Board can order BCI, the courts, and other government agencies in possession of criminal records to seal those records.

Finding a Utah Attorney to Help Clear Your Record

Salt Lake Criminal Defense AttorneyA criminal conviction can have serious consequences that last long after the court case has been formally closed. Utah criminal attorney Stephen Howard has helped clients through the processes involved in obtaining a 402 reduction, expungement, or pardon in a variety of cases. If you have a criminal record that is limiting your opportunities or otherwise adversely affecting your life, contact us to see how we can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.