Human trafficking; authorizing expungements for criminal offenses committed by human trafficking victims; effective date.

ENGR. H. B. NO. 3835 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ENGROSSED HOUSE
BILL NO. 3835 By: May and Deck of the House

and

Gillespie of the Senate

An Act relating to human trafficking; amending 22
O.S. 2021, Section 19c, which relates to criminal
arrest record expungements for victims of human
trafficking; deleting good cause standard;
authorizing expungements for criminal offenses
committed by human trafficking victims; clarifying
notice requirements; providing for the waiver of
filing fees and costs; requiring closed hearings;
directing courts to make certain considerations
regarding human trafficking victimization; providing
burden of proof standard; directing courts to grant
petitions if burden of proof is met; allowing victims
to seek relief at any time; and providing an
effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 19c, is
amended to read as follows:
Section 19c. A. 1. The court, upon its own motion or upon
petition by the defendant and for good cause shown, may enter an
order for expungement of law enforcement and court records relating
to a charge or conviction for a prostitution-related any criminal
offense committed as a result of the defendant having been a victim

ENGR. H. B. NO. 3835 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

part of the victimization of human trafficking. The order shall
contain a statement that the expungement is ordered pursuant to this
section. An order entered
2. A motion or petition filed by the defendant pursuant to this
section shall be subject to the notice requirements and provisions
of subsections B through M of Section 19 of Title 22 of the Oklahoma
Statutes this title. Any filing fees or costs associated with the
motion or petition for expungement shall be waived by the court.
3. Upon the court setting a date for hearing the request for
expungement, the court shall require that said hearing be closed to
the public.
4. Records expunged pursuant to this section shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes.
B. To determine whether a person was a victim of human
trafficking, the court shall consider the following:
1. The definition of human trafficking, which shall have the
same meaning as such term is defined in Section 748 of Title 21 of
the Oklahoma Statutes or Sections 1589, 1590, 1591, or subsection A
of Section 1594 of Title 18 of the United States Code, depending on
whether the record sought to be expunged is pursuant to state or
federal law; and
2. Official documentation or prior determination of
victimization. Provided, official documentation or prior

ENGR. H. B. NO. 3835 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

determination of victimization is not necessary to obtain an
expungement under the provisions of this section. However, the
existence of official documentation, prior determination of
victimization, or a showing by the defendant that there is a causal
link between the period the defendant was trafficked and the crime
committed, shall create a presumption that the charge or conviction
considered for expungement was a direct result of said
victimization. If official documentation or prior determination of
victimization does not exist, the defendant shall attach to the
petition for expungement an affidavit executed by a service provider
expert witness or law enforcement expert witness attesting to the
status of the defendant as a victim of human trafficking.
C. The burden of proof for determining whether the charge or
conviction of the defendant in the petition for expungement was
committed as a result of having been a part of the victimization of
human trafficking shall be upon the defendant to prove a
preponderance of the evidence.
D. The court shall grant a petition for expungement filed by
the defendant under the provisions of this section if the burden of
proof is met.
E. An expungement may be pursued under the provisions of this
section regardless of the amount of time between the relevant charge
or conviction and when relief is sought.
SECTION 2. This act shall become effective November 1, 2026.

ENGR. H. B. NO. 3835 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Passed the House of Representatives the 23rd day of March, 2026.

Presiding Officer of the House
of Representatives

Passed the Senate the _____ day of __________, 2026.

Presiding Officer of the Senate