§ 13-909 — Vacating the conviction of a sex trafficking victim; requirements

A. A person who was convicted of a violation of section 13-3214 or a city or town ordinance that has the same or substantially similar elements as section 13-3214 may apply to the court that pronounced sentence to vacate the person's conviction. The court shall grant the application and vacate the conviction if the court finds by clear and convincing evidence that the person's participation in the offense was a direct result of being a victim of sex trafficking pursuant to section 13-1307 or 13-3212.

B. If the prosecutor does not oppose the application, the court may grant the application and vacate the conviction without a hearing.

C. If the prosecutor opposes the application, the court shall hold a hearing on the application.

D. On vacating the conviction, the court shall:

1. Release the applicant from all penalties and disabilities resulting from the conviction.

2. Enter an order that a notation be made in the court file and in law enforcement and prosecution records that the conviction has been vacated and the person was the victim of a crime.

3. Transmit the order vacating the conviction to the arresting agency, the prosecutor and the department of public safety.

E. A conviction vacated pursuant to this section does not qualify as a historical prior felony conviction and cannot be alleged for any purpose pursuant to section 13-703 or 13-707.

F. Except on an application for employment that requires a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, a person whose conviction is vacated under this section may in all instances state that the person has never been arrested for, charged with or convicted of the crime that is the subject of the conviction, including in response to questions on employment, housing, financial aid or loan applications.