Overview Description

Records relating to a conviction for prostitution, loitering for the purpose of engaging in prostitution, or a similar local ordinance can be vacated and expunged by the court if the petitioner's participation in the offense was a result of having been a victim of human trafficking. N.J. Stat. § 2C:44-1.1(a)(1).
(Cannot link directly to statutes.)

Ineligible Category or Citation

This provision applies only to convictions for prostitution and related offenses under section 2C:34-1, loitering for the purpose of engaging in prostitution under section 2C:34-1.1, or a similar local ordinance.

Procedure General

The petition must be filed in the Superior Court. The petition to vacate the conviction can also seek an order of expungement for records in the custody of the court, law enforcement, or correctional agencies. For the specific procedure, see N.J. Stat. § 2C:44-1.1.

Fees

There is no statutory language regarding fees.

Effect

If the petition seeks only to vacate the conviction, an order will direct that all court records be revised accordingly. If the petition also seeks expungement, the expungement order will have the same force as an expungement under section 2C:52-1 et seq.

Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in circumstances specified in section 2C:52-27.

Waiting Periods

The petition must be filed within a reasonable time after the person has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, subject to reasonable safety concerns.

(non-prod server)