Statute
California Penal Code §236.14
California Penal Code §236.14 allows survivors of human trafficking to petition to vacate convictions, and destroy records of arrests, non-prosecuted cases, adjudications, and/or other records that are not convictions, committed while they were a victim of human trafficking.
Relief is available for any nonviolent offense. The crimes covered are not limited to prostitution-related crimes. The petitioner must show that the arrest or conviction happened as a direct result of their status as a victim of human trafficking by clear and convincing evidence.
The survivor may apply “at any time after they have ceased to be a victim of human trafficking” or after they have sought services for being a victim of human trafficking. A hearing is only required if the prosecution objects to the motion. Survivors of trafficking are entitled to confidentiality during the process and can be excused from appearing in person at the hearing under certain circumstances. All court hearing fees are waived.
Updated Sept 2021
California State-Specific Resources
2021 Amendments to and Expansion of California’s Vacatur Law by CAST
