Bill > S2373

This bill aims to combat human trafficking and support survivors by allowing individuals to have their criminal convictions, adjudications of delinquency, or continuances without a finding vacated if they can demonstrate a reasonable probability that their involvement in the offense was a result of being a victim of human trafficking, as defined by state law or the federal Trafficking Victims Protection Act. The bill outlines the burden of proof for defendants, noting that official government documentation of victim status can create a rebuttable presumption, and specifies the types of evidence courts can consider, including testimony from professionals and records from court proceedings or immigration processes. For offenses related to prostitution involving minors, courts are mandated to find that the child was a victim of trafficking. If a conviction is vacated, a plea of not guilty will be entered, and it will be an affirmative defense that the person was under duress or coerced due to being a trafficking victim. Furthermore, the bill amends existing law to include specific trafficking-related offenses and establishes a process for sealing court records related to cases where a plea of not guilty was entered under these new provisions, preventing sealed records from disqualifying individuals for public employment and requiring employers to inform applicants about their rights regarding sealed records.