ACCESS TO VICTIM SERVICES

CLEARING CRIMINAL RECORDS FOR TRAFFICKING SURVIVORS

How Vacatur Relief Can Help Survivors Reclaim Their Future — PC § 236.14

Many survivors of human trafficking are arrested and convicted for acts they were forced to commit while being exploited. Traffickers often coerce victims into activities such as drug possession, theft, or other offenses as a means of control and survival. This “forced criminality” leaves survivors with criminal records that do not reflect their choices, but rather the violence and exploitation they endured. These arrests and convictions can follow survivors for years, creating barriers to housing, employment, education, and safety long after the trafficking has ended.

To address the harm caused when survivors are criminalized for acts they were compelled to commit, California allows individuals to petition the court to erase convictions tied to their trafficking experience. This legal process—known as vacatur—offers a path toward healing, stability, and the chance to rebuild life without the weight of unjust criminal records.

What Is Vacatur Relief

Vacatur relief allows survivors of human trafficking to ask a court to erase arrests and convictions that were the direct result of their exploitation. In California, Penal Code § 236.14 provides a legal pathway for survivors to vacate and seal nonviolent offenses committed while they were trafficked.

Why It Exists

This law recognizes that survivors should not be punished for acts they were coerced into committing. It reflects a survivor-centered approach to justice, acknowledging that criminalization often compounds the trauma of trafficking.

Who Qualifies

Survivors must show that the offense was nonviolent and directly caused by their trafficking experience. The court must find, by clear and convincing evidence, that vacatur is in the interest of justice. Survivors who were minors at the time of the offense benefit from a rebuttable presumption of eligibility.

What Vacatur Does

If granted, the conviction is legally invalid. Records are sealed and destroyed, and survivors may lawfully state they were never convicted of the vacated offense.

How to Apply

Survivors will likely need legal counsel to navigate the vacatur process, especially when gathering documentation and preparing court filings. However, here is a simplified overview of the steps:

1. Gather documentation showing the offense was a direct result of trafficking.
2. File a petition in the court where the conviction occurred.
3. Serve the petition on the prosecuting agency.
4. Attend a hearing if required.
5. Await the court’s decision.

For Attorneys: Resources for Filing 236.14 Petitions

• Free to Thrive California Vacatur Practice Guide
• CAST CA Vacatur Guide

For Assistance: 

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