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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.

Requirements:
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;
  • You are not currently required to register as a sex offender or child abuse offender.
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.