New Jersey Section 2C:44-1.1 – Certain convictions vacated, expunged.
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New Jersey Law Allows Victims of Sex Trafficking to Vacate and Expunge Criminal Convictions
In 2013, New Jersey became one of the first states to pass a law allowing victims of sex trafficking to vacate and expunge prostitution charges and other sex-related offenses from their criminal records. This was an important step in recognizing that individuals who are trafficked and forced into prostitution are victims of crime, not criminals themselves.
However, the original law had limitations. It only provided relief for prostitution and prostitution-related offenses – no other crimes were eligible for expungement under the 2013 law. This meant that victims of trafficking often still had extensive criminal records for other offenses they were forced or coerced to commit while being trafficked.
To address these limitations, in January 2022 New Jersey Governor Phil Murphy signed Bill No. 5233 into law, significantly expanding access to vacatur and expungement for victims of sex trafficking. The new law went into effect on May 1, 2022.
What Does the New Law Provide?
The new law, codified at N.J.S.A. 2C:44-1.1, allows victims of human trafficking to make a motion to vacate and expunge “all arrests, charges, and convictions” for any violations of law committed as a result of their trafficked status.
To be eligible, victims need to establish two things:
- They were a victim of “human trafficking” as defined under New Jersey (N.J.S.A. 2C:13-8) or federal law (22 U.S.C. § 7102).
- The offense they are seeking to vacate/expunge resulted from their status as a victim of human trafficking.
The law does carve out exceptions for convictions of murder, manslaughter, kidnapping, luring or enticing a child, and sexual assault – those serious violent crimes are not eligible for relief under the new law.
What Constitutes “Human Trafficking” Under New Jersey Law?
New Jersey statute N.J.S.A. 2C:13-8 lays out the elements of sex trafficking and other forms of human trafficking.
In essence, a person commits sex trafficking if they cause the victim to engage in sexual activity through:
- Force, threats of force, coercion
- Destroying immigration documents
- Blackmail
- Fraud or deception
- Facilitating access to drugs
- Receiving anything of value from participating in a sex trafficking scheme
The law also makes sex trafficking of a minor automatic – no force or coercion needs to be shown if the victim is under 18.
A victim would need to show they meet the definition of a trafficking victim under the New Jersey statute. Evidence like court records related to a trafficker being charged with trafficking offenses can help demonstrate trafficking victim status.
Lower Burden of Proof for Victims
The new law only requires victims prove their status and connection between offenses and trafficking by a “preponderance of evidence” – meaning it is more likely than not they were a victim. This is a lower burden of proof than the “beyond a reasonable doubt” standard used in criminal trials.
Differences Between Vacatur and Expungement
The law allows human trafficking victims to both vacate convictions and expunge charges. These forms of relief are related but distinct:
- Vacatur changes a conviction to “not guilty.” The arrest remains on record but without a conviction.
- Expungement erases the arrest record entirely as if it never occurred.
Getting convictions vacated provides immediate legal relief, while expungement helps remove the stigma of a criminal record and its barriers to jobs, housing, education etc.
The process of analyzing a trafficking victim’s criminal record, collecting evidence to demonstrate victim status, and preparing a convincing motion for vacatur/expungement can be complex. Having an experienced attorney can help ensure victims get the full relief they deserve under the new law.
Advocates praise New Jersey’s steady expansion of vacatur and expungement remedies for trafficking victims. However, implementation of these laws remains a challenge. Prosecutors may still oppose motions out of habit, and judges can be reluctant to vacate convictions without a full retrial of the underlying charges.
Continued education and advocacy will be needed to ensure trafficking victims receive the relief and clean slate they deserve. But the new law provides hope and a mechanism for victims to move forward with their lives unburdened by a criminal record resulting from their exploitation.