Relief for Human Trafficking Victims

If you were arrested or convicted of any nonviolent offenses while you were a victim of human trafficking, you may be able to get a special form of relief. See Penal Code section 667.5(c) for a list of violent offenses; if your offense is not on this list, you may qualify for special relief.

Before continuing, you may want to contact a lawyer who works with trafficking survivors to help prepare your petition and to learn more:

There is no statewide form for this type of request, but if you qualify, under Penal Code section 236.14, you can:

  1. Ask the court to vacate your convictions. You must convince the court that the arrest or conviction was the direct result of being a victim of trafficking.
  2. If the court grants relief, the arrest and any convictions are deemed not to have occurred. You can then request that all records are sealed and destroyed.

Prostitution is no longer a felony

As of January 2018, prostitution can no longer be charged as a felony. If you have a felony conviction for prostitution (former Penal Code section 647f), you can get the conviction vacated by filing a petition under Penal Code section 1170.22. Use Forms CR-404 and CR-405 to do this.