New York: Adult Convictions (NY-C-3)

Records of convictions as a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons may be vacated by the court. N.Y. Crim. Proc. Law § 440.10(1)(i).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This provision applies only if the judgment is a conviction where the individual's participation in the offense was a result of having been a victim of sex trafficking or labor trafficking, compelling prostitution, or Trafficking Victims Protection Act (United States Code, title 22, chapter 78). § 440.10(1)(i).

Procedure General

The petition must be filed in the convicting court. For the specific procedure, see N.Y. Crim. Proc. Law § 440.10.

Fees

There is no statutory language regarding fees.

Effect

The court can vacate the judgment and dismiss the accusatory instrument, and can take such additional action as is appropriate in the circumstances. N.Y. Crim. Proc. Law § 440.10(6).

Waiting Periods

The motion should be made with due diligence after the petitioner has ceased to be a victim of trafficking or compelled prostitution or has sought services, subject to reasonable safety concerns. N.Y. Crim. Proc. Law § 440.10(1)(i)(i).

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