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New York

Statute

N.Y. Crim. Proc. §440.10(1)(i)

Survivors of human trafficking can petition the court to vacate prior convictions where the offense was a result of sex or labor trafficking or compelling prostitution. Official documentation of the person’s status as a victim of trafficking creates presumption that the person’s participation in the offense was a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution or trafficking in persons.

If an arrest did not result in a conviction, or a finding of guilt, all records pertaining to the arrest must be either destroyed or sealed, so these arrests and cases should not appear on survivors’ criminal records.

Updated Jan 2025

New York State-Specific Resources

NYS Office of Temporary and Disability Assistance (OTDA) Confirmation Letter

This webpage was produced by Freedom Network USA under Grant Number 2017-VT-BX-K018, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this webpage are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.