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 offense was a result of sex or labor trafficking or compelling prostitution.

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.

 

Updated Nov 2021

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.