Relief for human trafficking victims

If you were arrested or convicted of any nonviolent offenses while you were a victim of human trafficking, you may be able to get a special form of relief.

Before continuing, you may want to contact a lawyer

 who works with trafficking survivors. A lawyer can help prepare your petition and has information about available resources.
 

Relief for victims of human trafficking

If you were arrested or convicted of any nonviolent offenses while you were a victim of human trafficking, you may be able to get a special form of relief

Violent offenses that do not qualifyPenal Code section 667.5(c) has a list of violent offenses. If your offense is not on this list, you may qualify for special relief.

How to ask for relief: There is no statewide form for this type of request, but if you qualify, under Penal Code section 236.14, you can:

  1. Ask the court to vacate your convictions. You must convince the court that the arrest or conviction was the direct result of being a victim of trafficking.
  2. If the court grants relief, the arrest and any convictions are deemed not to have occurred. All related records will be sealed and destroyed. You can check with the court to confirm they were sealed and destroyed.

Prostitution is no longer a felony

As of January 2018, prostitution can no longer be charged as a felony. If you have a felony conviction for prostitution (former Penal Code section 647f), you can get the conviction vacated by filing a petition under Penal Code section 1170.22. Use Forms CR-404 and CR-405 to do this.

Loitering for the purpose of engaging in prostitution (Penal Code section 653.22) is no longer a crime

As of January 2023, Penal Code section 653.22, loitering for the purpose of engaging in prostitution, is no longer a crime. If you were convicted under Penal Code section 653.22, you can get the conviction dismissed and sealed. This means that the crime will no longer be on your record. Use forms CR-425 and CR-426 to ask the court to dismiss and seal your conviction. For more information, read Penal Code section 653.29.

 

 

 

 

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