Bill > HB3835

This bill amends existing law to allow victims of human trafficking to have criminal offenses committed as a result of their victimization expunged, meaning their records are cleared. Previously, expungement required a "good cause shown" standard, but this bill removes that requirement. It clarifies that victims can seek expungement for any criminal offense, not just prostitution-related ones, committed while they were being trafficked. The bill also waives filing fees and costs for these expungement requests and mandates that hearings on these matters be closed to the public. Courts are directed to consider specific factors when determining if someone was a victim of human trafficking, including the legal definition of human trafficking and any official documentation or prior determination of victimization, though such documentation is not strictly required if the victim can demonstrate a causal link between their trafficking and the crime through an expert affidavit. The burden of proof for the victim to show the crime was a result of their trafficking is a "preponderance of the evidence," meaning it's more likely than not. If this burden is met, the court must grant the expungement petition, and victims can seek this relief at any time, regardless of how long ago the offense occurred. This act will become effective on November 1, 2026.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3835&Session=2600