Statute
18 Pa. Cons. Stat. Ann. §3019
A survivor of human trafficking may file a motion to vacate a conviction for prostitution and certain other offenses committed as a direct result of being a victim of human trafficking. Relief is limited to convictions for prostitution and certain other specific offenses such as trespass, simple possession of a controlled substance, disorderly conduct and loitering. If the court grants the survivor’s motion, the court shall vacate the conviction, strike the adjudication of guilt, and order the expungement of all records and files related to the survivor’s arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings and probation for the offense.
Unfortunately, Pennsylvania is one of the few states that requires the prosecutor to consent to filing the petition to vacate a conviction. This is troubling because it hinges relief on a prosecutor’s view of the case rather than an independent judicial determination of the facts.
Updated Jan 2025