Overview Description

A conviction for a nonviolent offense, including but not limited to prostitution pursuant to section 647(b), can be vacated by the court if the offense was the direct result of being a victim of human trafficking. Cal. Pen. Code § 236.14.

Ineligible Category or Citation

This section applies only to nonviolent offenses that were committed while the person was a victim of human trafficking. Cal. Pen. Code § 236.14(a).

Procedure General

The petition must be filed in court and shall describe all available grounds and evidence that the petitioner was a victim of human trafficking and the offense was the direct result of being a victim of human trafficking. For the specific procedure, see Cal. Pen. Code § 236.14.

Fees

There is no statutory language regarding fees.

Effect

The arresting agency must destroy its records of the arrest. A person whose conviction has been vacated pursuant to this section can lawfully deny or refuse to acknowledge the arrest and conviction. Cal. Pen. Code § 236.14(k),(o).

Waiting Periods

The petition must be filed within a reasonable time period after the petitioner has ceased to be a victim of human trafficking, or within a reasonable time period after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable safety concerns. Cal. Pen. Code § 236.14(l).

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