Statute

N.Y. Crim. Proc. §440.10(1)(i)

In New York, Criminal Procedure Law Section 440.10(1)(i) establishes a way for survivors of human trafficking to petition the court to vacate prior convictions where the arrest charge was prostitution-related and the person’s participation in the offense resulted from them having been a victim of human trafficking.

Although the law limits vacating convictions to prostitution-related offenses, it also contains a provision that allows a court, once it has vacated prostitution-related convictions, to take “additional action as is appropriate under the circumstances.” In some cases, this has been used to clear non-prostitution charges from survivors’ records.

In the last several legislative sessions, there have been bills introduced that would expand the types of offenses that would be eligible to be vacated to include all offenses.  These have not yet passed, or been signed into law, so they do not apply at this time.

In New York, if an arrest did not result in a conviction, or a finding of guilt, the Criminal Procedure Law requires that all records pertaining to the arrest be either destroyed or sealed, so these arrests and cases should not appear on survivors’ criminal records.

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 document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.