Statute
N.J. Stat. Ann. §2C:44-1.1
Court Rule R.3:21-11
In New Jersey, survivors of trafficking may file a petition to vacate convictions for any offense or other violation of law committed as a result of the person’s status as a victim of human trafficking, with the following exceptions: murder, manslaughter or aggravated manslaughter, kidnapping, luring or enticing a child, and sexual assault. As part of the same petition, survivors may also expunge the related arrest/law enforcement records. The petition must demonstrate by a preponderance of the evidence that the offense was committed as a result of the trafficking. Official documentation, though not required, can be used to create a presumption of trafficking.
*NOTE: NJ’s expanded vacatur law (P.L.2021, c.467) goes into effect on June 1, 2022.
Updated January 2022