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?
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.
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