Statute
Colo. Rev. Stat. 18-1-410.7 – Vacatur Statute
Survivors can file for vacatur for most nonviolent crimes if they can show that they committed the crime as a result of being a victim of human trafficking. The list of crimes that are not eligible for relief is at Colo. Rev. Stat. 24-4.1-302 (1). Official documentation is not required to prove that the survivor was a victim at the time of the crime, but victim documentation from a government agency creates a rebuttable presumption that the survivor is eligible for relief.
A survivor is not eligible for vacatur if they raised the affirmative defense under Colo. Rev. Stat. 18-7-201.3 at trial and it was denied.
Colo. Rev. Stat. 18-7-201.3 – Affirmative Defense Statute
Colorado recognizes an affirmative defense for prostitution charges committed on or after July 1, 2015 when the offense was committed as a direct result of being a victim of human trafficking. Again, official documentation is not required, but victim documentation from a government agency creates a rebuttable presumption that the survivor is eligible for relief. The survivor can also request a a protective order along with the affirmative defense to protect their confidentiality.
Colo. Rev. Stat. §24-72-707– Record Sealing
Under Colo. Rev. Stat. §24-72-707 individuals charged with or convicted of prostitution committed as a direct result of being a victim of human trafficking may have their records sealed any time after their conviction. The survivor must demonstrate by a preponderance of the evidence that, at the time they committed the offense, they had been trafficked by another person for the purpose of performing the offense. Again, official documentation from a federal, state, local, or tribal government agency indicating that the petitioner was a victim of human trafficking at the time of the offense creates a presumption that the petitioner’s participation in the offense was the direct result of being a victim of human trafficking.
Updated Jan 2025