Can I seal an arrest or conviction that happened while I was a victim of human trafficking?

Yes—a new law has made this possible. In 2016, California added a new section to the Penal Code permitting special factual innocence petitions for victims of human trafficking.[3224] Section 236.14 provides relief for any person arrested for OR convicted of a nonviolent offense while a victim of human trafficking. The court will vacate the conviction or seal the arrest if it is satisfied that: (1) the person was a victim of human trafficking at the time they committed the offense; (2) the offense was committed as a direct result of being a victim of human trafficking; (3) the person has tried to distance him or herself from human trafficking; AND (4) granting the petition is in the best interests of justice and the person’s best interests.[3225]

  1. 3224

    “Protecting Victims from Wrongful Prosecution and Further Victimization” Fact Sheet, U.S. Dept. of State Office to Monitor and Combat Trafficking in Persons, http://www.americanbar.org/groups/human_rights/projects/task_force_human_trafficking/survivor-reentry-project.html. ↑

  2. 3225

    Cal.Pen. Code § 236.14(g). ↑