How to clear convictions that happened because you were trafficked
Many states let survivors ask a court to vacate (cancel) convictions for crimes they were forced or coerced into while being trafficked, and to clear the records. Utah does this through a post-conviction petition for a list of offenses such as prostitution, drug possession, theft and trespass.1
Since January 23, 2026, a federal law also lets survivors vacate nonviolent federal convictions and expunge related federal arrests, with no filing fee. These are court cases, so get a lawyer or legal aid office to help. This page is general information, not legal advice.2
Updated October 2026. Rules differ by state, so call your office before you go. Questions? We're here: call or text 888-860-RISE.
Keep yourself safe while you do this
Court cases can mean hearings and paperwork. If anyone from your past could find out, plan with an advocate first. In Florida, the law even lets the filing deadline account for your safety.4
Need to talk to someone now? The National Human Trafficking Hotline is confidential and open 24/7: call 1-888-373-7888 or text 233733.9
Your steps, in order
- 1
List every case, in every state
Write down each arrest and conviction you know about: the state, the county or city, roughly when, and the charge. Some survivors have records in more than one state, and each state's courts handle their own cases.8
Ask each court clerk for certified copies of the charges and the final result. Federal convictions go to the federal court that sentenced you.2
Bring- Any papers you kept from court or jail
- A list of names you were charged under
- Dates and places you remember, even roughly
- 2
Find the law that fits each case
Utah covers a set list: drug possession, prostitution, aiding prostitution, sexual solicitation, lewdness, criminal trespass, theft, retail theft, possessing a forged writing or device, and having someone else's ID. You must show you did it while subject to force, fraud or coercion.1
Some states reach further. New York covers any offense if your part in it was a result of being trafficked. Florida covers offenses you committed while a victim, except certain violent felonies.34
Others are narrower. Washington's victim route covers misdemeanors and gross misdemeanors, not felonies.6
For federal cases, the 2026 law lets you vacate a conviction for a nonviolent federal offense that you committed as a direct result of being trafficked. It also covers expunging certain arrests and asking for a shorter prison sentence.2
- 3
Get free legal help
In Utah, the Utah Crime Victims Legal Clinic gives free legal representation to crime victims of all types of crime when victims' rights are at stake: 801-746-1204. Utah Legal Services takes civil cases for people with low incomes: 1-800-662-4245, or 801-328-8891 in Salt Lake City. Call and ask whether they can help with your record or refer you.7
Freedom Network USA's Survivor Reentry Project has matched survivors with records in more than one state to free volunteer lawyers. As of October 2026 it had paused new intake, and its grant was set to end September 30, 2026, so check its page before you count on it.8
The new federal law also says Justice Department and Violence Against Women grant programs can't stop the groups they fund from using legal representation money for this kind of record relief.2
Tip:Not sure where to start? Call or text 888-860-RISE and we'll help you find a lawyer or legal aid office for each state on your list.
- 4
Gather proof that you were trafficked
A letter or sworn statement from an anti-trafficking service provider or a clinician carries real weight. Under the federal law, the judge must consider it, and it can be enough on its own if it's believable and no other proof is easy to get.2
Papers from a government agency showing you were a trafficking victim at the time make it easier. In New York and Florida they create a presumption in your favor, but neither state requires them.34
Washington asks for your own sworn statement of the specific facts showing the offense happened because you were a victim.6
Bring- Certified court records for each case
- A letter or sworn statement from your advocate, case manager, counselor or doctor
- Any letter or notice from a government agency about your trafficking
- Your own written account, if your lawyer asks for one
- 5
File, and know what happens next
In Utah, you must prove your claim by clear and convincing evidence. The usual deadline is one year, but the clock is paused for the time force, fraud or coercion kept you from filing. If you win, the court must vacate the conviction and sentence and order your records expunged.1
In New York, the court must vacate the conviction and dismiss the charges, and your motion papers stay confidential. In federal court, your motion is filed under seal, and a vacated conviction no longer counts as a conviction under federal law.32
Some debts may stay. Federal courts don't have to change fines or restitution, and Washington generally requires restitution to be paid before it vacates.26
What it costs
| Where | Filing fee |
|---|---|
| Federal court (vacatur or arrest expungement) | No filing fee |
| Florida | No filing fee, service charge or copy fee |
| Other states | Varies; ask the court clerk or your lawyer about fee waivers |
How it works in different places
Each state writes its own law, and the rules differ a lot. Federal convictions now have their own process. Check the law where you were convicted, ideally with a lawyer.
Utah
File a post-conviction petition for listed offenses committed while subject to force, fraud or coercion. You need clear and convincing evidence. The one-year deadline is paused while force, fraud or coercion kept you from filing, and a win means the conviction is vacated and the records expunged.1
New York
Any conviction can be vacated if your part in the offense resulted from sex trafficking, labor trafficking, compelling prostitution or federal trafficking. Government papers showing you were a victim create a presumption but aren't required.3
Florida
Survivors can ask to expunge offenses committed while they were a victim, except certain violent felonies. With official documentation you prove it by a preponderance of the evidence; without it, by clear and convincing evidence. There's no filing fee.4
Washington
Misdemeanors and gross misdemeanors committed because you were a victim of sex trafficking, prostitution, sexual assault or domestic violence can be vacated. You need no pending charges except prostitution, no new conviction in the past three years, and restitution paid. A prosecutor can apply for you.56
Federal convictions
The Trafficking Survivors Relief Act (January 23, 2026) adds 18 U.S.C. 3771A. File with the court that sentenced you; for an arrest, with the federal district court where you were arrested. It covers past convictions too.2
Stuck on a step? You don't have to do this alone.
Call or text, and we'll help you find the right office and what to bring. Someone on our team can step in whenever youwhat to bring, with a real person on our team whenever you need one.apos;d like. Or become a RISING MEMBER: a mentor who's been there helps you build a plan, step by step. You do the work; we walk with you.
Questions people ask
What is vacatur for trafficking survivors?
It's a court order that cancels a conviction because you committed the offense as a result of being trafficked. Many states then clear or seal the records, and a federal version for federal convictions started in January 2026.
Is vacatur the same as expungement?
Not quite. Vacatur cancels the conviction itself. Expungement clears or seals the records. In Utah, a win does both: the court vacates the conviction and orders the records expunged.
Do I need a T visa or police report to clear my record?
Not necessarily. New York and Florida say government papers help but aren't required, and federal courts must consider a sworn statement from an anti-trafficking service provider or clinician.
Can I clear a federal conviction?
Since January 23, 2026, yes, for nonviolent federal offenses committed as a direct result of being trafficked. You file under seal with the court that sentenced you, and there's no filing fee.
Is there a deadline?
It depends on the state. Utah has a one-year limit, but the clock is paused while force, fraud or coercion kept you from filing. Florida asks you to file with due diligence once you're out of the trafficking or have sought services.
Keep going: more first-step guides
Sources
Official pages, read in October 2026. Rules change. If something here looks out of date, please let us know at hello@riseaid.org and we'll fix it.
- 1.Utah State Legislature. Utah Code Title 78B, Chapter 9, Part 1: Postconviction Remedies Act (78B-9-104 to 78B-9-108)
- 2.U.S. Congress. Public Law 119-73: Trafficking Survivors Relief Act (January 23, 2026)
- 3.New York State Senate. Criminal Procedure Law 440.10: Motion to vacate judgment
- 4.Florida Legislature. Florida Statutes 943.0583 (2026): Human trafficking victim expunction
- 5.Washington State Legislature. RCW 9.96.060: Vacating records of conviction
- 6.Washington State Legislature. RCW 9.96.080: Vacation of conviction for victims of sex trafficking, sexual assault or domestic violence
- 7.Utah State Courts. Free legal services organizations
- 8.Freedom Network USA. Survivor Reentry Project
- 9.National Human Trafficking Hotline. National Human Trafficking Hotline