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. Unless a party given notice files an objection to the application and requests a hearing within 60 days of the date of receipt of the application, the application shall be deemed unopposed and the court may grant the relief.
Updated Jan 2025