Statute
S.C. Code ยง16-3-2020(F)
In South Carolina, survivors of trafficking who have been convicted of prostitution or trafficking offenses can bring a motion to vacate the conviction and expunge the records. Survivors must demonstrate that the offenses were committed as a direct result of having been a victim. Survivors can ask a court to expunge non-violent offense convictions stemming from trafficking from their records. There are no time limits or restrictions on when survivors can seek relief.
A victim subject to prosecution can use the affirmative defense that they were under duress or coerced into committing the offenses for which they are subject to prosecution if the offenses were committed as a direct result of, or incidental or related to, trafficking. Additionally, trafficking victims under the age of 18 cannot be prosecuted for prostitution, non-violent misdemeanors or class F felonies.
Updated Jan 2025