§ 16-90-1412 — Sealing certain convictions for victims of human trafficking - Definition

(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 , or any former law of this state, law of another state, or federal law that is substantially similar. (b) (1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking. (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time. (c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that: (1) The petitioner was convicted of prostitution, § 5-70-102 ; and (2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 . (d) If the uniform petition under this section is granted, the court shall: (1) Issue a uniform order to seal the conviction; and (2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense. (e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. (2) Documentation under this subsection is not required to grant a petition under this section. (3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

Legislative History

Amended by Act 2021, No. 1106,§ 5, eff. 7/28/2021. Added by Act 2015, No. 1152,§ 12, eff. 7/22/2015.