Statute
725 ILCS 5/116-2.1: Motion to vacate prostitution convictions for sex trafficking victims
Survivors of trafficking can vacate convictions for prostitution and related charges such as public indecency, obstructing traffic or soliciting unlawful business/rides on roadway. The survivor must demonstrate that the offense was committed as a result of being a victim of trafficking. The survivor must explain why they 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.
20 ILCS 2630/5.2(h): Sealing or vacation and expungement of trafficking victims’ crimes
Additionally, survivors of human trafficking can petition for immediate sealing of records after they have completed their sentence if their participation in the offense was a direct result of human trafficking. The court may allow the petitioner to attend any required hearing remotely and may allow a petition to be filed under seal (confidentially). The survivor must provide a clear and concise statement that their participation in the offense was a result of being a victim of human trafficking at the time of the offense.
For either option, the survivor must show that they were a victim of human trafficking at the time of the offense and their participation in the crime was a result of their victimization. The evidence standard is a preponderance of the evidence.
Updated Jan 2025