Survivors of human trafficking with prostitution-related convictions that occurred in Arizona can petition for relief under A.R.S. §13-909. Petitioners must provide clear and convincing evidence that the conviction was a direct result of being a victim of trafficking in order for a court to vacate and destroy records of previous convictions.
Relief is limited to convictions imposed before July 24, 2014. Arizona has adopted an affirmative defense for prostitution charges for victims of trafficking. Unfortunately, Arizona has limited criminal record relief as a result, an outcome which severely restricts relief for survivors and doesn’t align with many survivors’ experience and circumstance at the time of prosecution. This means criminal record relief is only available to survivors prosecuted for prostitution before July 24, 2014. Survivors prosecuted for prostitution after must assert an affirmative defense at the time of their initial prosecution.