(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar.
(b) (1) A person convicted of prostitution, § 5-70-102, may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking.
(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.
(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that:
(1) The petitioner was convicted of prostitution, § 5-70-102; and
(2) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.
(d) If the uniform petition under this section is granted, the court shall:
(1) Issue a uniform order to seal the conviction; and
(2) With respect to the conviction for prostitution, § 5-70-102, redact the petitioner's name from all records and files related to the petitioner's:
(A) Arrest;
(B) Citation;
(C) Criminal investigation;
(D) Criminal charge;
(E) Adjudication of guilt;
(F) Criminal proceedings; and
(G) Probation for the offense.
(e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102, the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.
(2) Documentation under this subsection is not required to grant a petition under this section.
(3) Documentation under this subsection may include without limitation:
(A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or
(B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.
Section: Previous 16-90-1405 16-90-1406 16-90-1407 16-90-1408 16-90-1409 16-90-1410 16-90-1411 16-90-1412 16-90-1413 16-90-1414 16-90-1415 16-90-1416 16-90-1417 16-90-1418 16-90-1419 NextLast modified: November 15, 2016