Bill > HB201

This bill amends Delaware law to strengthen protections for human trafficking victims by making it easier for them to clear criminal records resulting from crimes committed while being trafficked. The bill modifies existing legal procedures to allow victims to more easily file motions to vacate criminal convictions or juvenile delinquency adjudications that occurred as a result of their trafficking experience. Key provisions include creating a streamlined process where victims can file a motion with the court, providing official documentation of trafficking status creates a presumption of eligibility, and requiring the court to vacate convictions if the victim demonstrates their trafficking status by a preponderance of evidence. The bill also mandates that if a conviction is vacated, the court must dismiss underlying charges, enter a final disposition in the victim's favor, discharge any unpaid financial obligations, and provide options for expungement of related records. The Delaware Anti-Trafficking Action Council's research showed victims were not seeking available legal remedies, so this legislation aims to reduce barriers and support trafficking survivors in rebuilding their lives by removing stigmatizing criminal records.

Justice

https://legis.delaware.gov/BillDetail?LegislationId=142423