Human trafficking: vacatur relief for victims.

Assembly Member Krell's proposal to amend California's human trafficking vacatur relief law extends protections to individuals who committed any offense while under age 18 and being trafficked. The current law permits victims of human trafficking to petition courts to vacate nonviolent convictions that directly resulted from their trafficking situation.

Under the amended provisions, petitioners must demonstrate through clear and convincing evidence that their arrest or conviction stemmed directly from being trafficked. Upon this showing, courts must find the person lacked requisite intent and vacate the conviction as legally defective. The bill maintains existing requirements for petitions to be filed under penalty of perjury and served on relevant prosecutorial agencies, which have 45 days to respond.

When courts grant relief, they must order law enforcement agencies to seal and destroy all records related to the vacated offense. Agencies must seal records within one year of arrest or 90 days of the court order, whichever comes later, and destroy them within one year after sealing. The Department of Justice must notify petitioners once records are sealed. Petitioners may subsequently deny the existence of vacated arrests or convictions, and records cannot be shared with state licensing boards.

The bill preserves current provisions allowing petitions at any time after trafficking ends or services are sought, maintaining confidentiality protections and permitting courts to take additional actions to fulfill the law's purposes. While expanding eligibility creates a state-mandated local program, the bill specifies that no state reimbursement is required under the California Constitution.