Plain English Breakdown
The official text does not specify what the 'specified reason' is for denying reimbursement, only that no reimbursement is required.
Expanding Court Relief for Juvenile Human Trafficking Victims
This law allows people who were under 18 and victims of human trafficking to ask a court to erase their arrest or conviction records, even if the offense was not nonviolent.
What This Bill Does
- It expands existing relief so it covers any offense committed by someone under age 18 while they were a victim of human trafficking.
- The person must prove with clear and convincing evidence that their arrest or conviction happened because they lacked intent due to being trafficked, experiencing intimate partner violence, or sexual violence.
- If the court agrees, it will declare the conviction invalid as if there was a legal defect at the time of the offense.
Who It Names or Affects
- People who were under age 18 when arrested or convicted while victimized by human trafficking.
- Courts that must review petitions filed for this relief.
- Law enforcement agencies required to seal and destroy specific records if the court grants relief.
Terms To Know
- Vacatur
- A legal order from a judge that cancels or erases a conviction as invalid due to a legal defect at the time of the offense.
- Penalty of perjury
- A requirement to tell the truth when filing documents, with punishment for lying under oath.
Limits and Unknowns
- The bill states that no state reimbursement is required for local agencies handling these new petitions.
- Relief requires proof that the person lacked intent due to being a victim of human trafficking, intimate partner violence, or sexual violence.