Pleasant Grove, UT asked in Criminal Law for Utah

Q: (Utah) I was convicted of F3 Voyeurism, but I might be in a Catch-22 as far as post sentence relief.

I was released from prison in 2019. From my research, I can only qualify for SO Registry removal if my conviction was Misdemeanor Voyeurism and not Felony Voyeurism, however, since I'm on the registry I apparently don't qualify for a 402 reduction, and since I'm convicted of a felony I don't apply for early removal. Is it worth it to apply for either of these things, the removal after 5 years or the 402 reduction, or would it actually screw me over to apply and I'm just stuck? Or is there another path that I'm missing?

Related Topics:
1 Lawyer Answer
William Melton
William Melton
  • Criminal Law Lawyer
  • Taylorsville, UT
  • Licensed in Utah

A: I haven't reviewed the statute on the length of registration for your offense, but assuming it is a 10 year registration (10 year from the end of probation) you cannot get a 402 reduction while you're on the registry. There is no exception to this. So you have to be off the registry before you can try. You may be able to apply for the early release. If you're granted early release then you can motion for a 402 reduction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.