Motion to Reduce Conviction ("402 Reduction")
A "402 reduction" is when the court reduces the degree (or severity) of your criminal conviction. (For example: Reducing a felony down to a misdemeanor.)
This page is to be used if you already know that you need a "402 reduction" in order to be eligible for expungement. Reductions can sometimes hurt your expungement eligibility if you have multiple criminal convictions on your record. If you are not sure that a "402 reduction" would be to your benefit, you may want to consult with an attorney before proceeding. Find out more by answering some questions.
You can request to reduce the severity of a conviction by one degree:
If you HAVE successfully completed probation or parole;
- All fines and court-ordered restitution has been paid in full; AND
- You are not currently required to register as a sex offender or child abuse offender; AND
- You are not convicted of a serious offense during the time period; AND
- There are no criminal proceedings pending against you; AND
- You are not on probation, parole, or currently incarcerated for any other offense; AND
- If the offense for which the reduction is sought is a violent felony, the prosecuting attorney consents to the reduction.
OR if you have NOT successfully completed probation or parole
- You meet all other criteria above; AND
- You have been successfully discharged from probation or parole for a subsequent offense
- If at least five years has passed or
- At least three years have passed and the prosecuting attorney consents; OR
- You have successfully been discharged from a rehabilitation program AND at least three years have passed since you have completed the rehabilitation program; OR
- Five years have passed
The court may reduce the charge by two degrees only if the prosecutor agrees and you have met the above requirements. An offense may not be reduced by more than two degrees.