Statute
725 ILCS 5/116-2.1 & 20 ILCS 2630/5.2(h)
Survivors of trafficking may move to vacate convictions for prostitution under Illinois law. This form of relief is applicable only to prostitution offenses and related charges such as public indecency, obstructing traffic or soliciting unlawful business/rides on roadway. The survivor of trafficking must demonstrate that the offense was committed as a result of being a victim of trafficking.
The motion may be made within a reasonable time after the defendant has ceased to be a victim of trafficking. The motion must assert why the survivor did not raise being a victim of trafficking at the original trial. The motion may be granted despite prosecutor objections and the judge may grant additional relief if deemed necessary.
Additionally, survivors of human trafficking can petition for immediate sealing of offense records after they have completed their sentence if their participation in the offense was a direct result of human trafficking.
Updated Jan 2020