Human trafficking: vacatur relief for victims.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill expands a current law that allows victims of human trafficking who were previously arrested or convicted of nonviolent crimes to petition the court for ‘vacatur relief,’ which essentially has their conviction erased. Specifically, it extends this relief to individuals under the age of 18 who were also victims of human trafficking. The bill requires law enforcement agencies to seal and destroy records related to these cases, and it includes provisions to address potential opposition to the petitions and ensure the safety of victims.
Key provisions
- Expands vacatur relief to individuals under 18 who were victims of human trafficking.
- Requires law enforcement agencies to seal and destroy records of offenses related to vacatur relief.
- Allows petitions to be filed under penalty of perjury.
- Addresses potential opposition to petitions by requiring a 45-day response from prosecuting agencies.
- Establishes a process for consolidating multiple petitions.
- Provides for a rebuttable presumption of relief if a petition is unopposed.
- Specifies requirements for official documentation of victim status.
- Requires the Department of Justice to notify petitioners of record sealing.
Who is affected
- Victims of human trafficking
- Individuals previously arrested or convicted of nonviolent offenses
- Law enforcement agencies
- Prosecutors
- Court systems
Bill text
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Sponsors
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1 on record
Primary sponsor
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