Overview Description

Records of convictions for prostitution and related offenses can be vacated by the court if the petitioner's participation in the offense was a result of having been a victim of human trafficking or compelling prostitution. N.Y. Crim. Proc. Law § 440.10(1)(i).
(Cannot link directly to statutes.)

Ineligible Category or Citation

This provision applies only to specified prostitution and prostitution-related offenses under sections 240.37, 2300, and 230.03 of the penal code.

Procedure General

The petition must be filed in the convicting court. For the specific procedure, see N.Y. Crim. Proc. Law § 440.10.


There is no statutory language regarding fees.


The court can vacate the judgement and dismiss the accusatory instrument, and can take such additional action as is appropriate in the circumstances. N.Y. Crim. Proc. Law § 440.10(6).

Waiting Periods

The motion should be made with due diligence after the petitioner has ceased to be a victim of trafficking or compelled prostitution or has sought services, subject to reasonable safety concerns. N.Y. Crim. Proc. Law § 440.10(1)(i)(i).

(non-prod server)