(a) As used in this section:(1) “Minor” means a person younger than eighteen (18) years of age; and(2) “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.
(1) “Minor” means a person younger than eighteen (18) years of age; and
(2) “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 may file a uniform petition to seal a conviction under this section if:(A) The conviction was obtained as a result of the person's having been a victim of human trafficking at the time of the offense; and(B) The person was:(i) A minor when the offense was committed; or(ii) Eighteen (18) years of age or older when the offense was committed and the conviction was for the offense of prostitution, § 5-70-102.(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.
(1) A person may file a uniform petition to seal a conviction under this section if:(A) The conviction was obtained as a result of the person's having been a victim of human trafficking at the time of the offense; and(B) The person was:(i) A minor when the offense was committed; or(ii) Eighteen (18) years of age or older when the offense was committed and the conviction was for the offense of prostitution, § 5-70-102.
(A) The conviction was obtained as a result of the person's having been a victim of human trafficking at the time of the offense; and
(B) The person was:(i) A minor when the offense was committed; or(ii) Eighteen (18) years of age or older when the offense was committed and the conviction was for the offense of prostitution, § 5-70-102.
(i) A minor when the offense was committed; or
(ii) Eighteen (18) years of age or older when the offense was committed and the conviction was for the offense of prostitution, § 5-70-102.
(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:(A) Convicted of prostitution, § 5-70-102, and the offense was committed when the petitioner was eighteen (18) years of age or older; or(B) A minor when the offense was committed; and(2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking at the time of the offense.(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210.
(1) The petitioner was:(A) Convicted of prostitution, § 5-70-102, and the offense was committed when the petitioner was eighteen (18) years of age or older; or(B) A minor when the offense was committed; and
(A) Convicted of prostitution, § 5-70-102, and the offense was committed when the petitioner was eighteen (18) years of age or older; or
(B) A minor when the offense was committed; and
(2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking at the time of the offense.(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210.
(A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking at the time of the offense.
(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210.
(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, 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.
(1) Issue a uniform order to seal the conviction; and
(2) With respect to the conviction, 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.
(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 offense, the petitioner was a victim of human trafficking creates a presumption under this section that the person's conviction was obtained as a result of having been a victim of human trafficking at the time of the offense.(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.
(1) Official documentation by a federal, state, or local government agency verifying that at the time of the offense, the petitioner was a victim of human trafficking creates a presumption under this section that the person's conviction was obtained as a result of having been a victim of human trafficking at the time of the offense.
(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.
(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.