Relating to the expungement of certain criminal history records of victims of human trafficking, and including penalties

This bill is related to the expungement of certain criminal history records (criminal record) of victims of human trafficking. “Human trafficking” is defined as participating in a venture to recruit, harbor, transport, supply provisions, or obtain a person for forced labor or service that results in involuntary servitude, peonage, debt bondage, or slavery; or for commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of 18, the commercial sexual activity need not involve force, fraud, or coercion; and knowingly purchasing or attempting to purchase services involving commercial sexual activity from a victim or another person engaged in trafficking, or from a law enforcement officer or agent posing as a person engaged in human trafficking. “Victim” is defined as a person subjected to or identified as being subjected to or targeted for human trafficking, including a law enforcement officer or agent posing as a person subjected to or a target for human trafficking. The bill permits a person to petition the court for expungement of the person’s criminal record resulting from the arrest or filing of a charge, without regard to the disposition of the arrest or of the charge, for an offense committed or reported to have been committed while the person was a victim. A petition for expungement (petition) may be filed any time after the date on which the person is no longer a victim or the person has accessed services for victims. A petition must include the petitioner’s sworn statement attesting that the petitioner is eligible for expungement and official documentation, if available. “Official documentation” is defined as documentation issued by a federal, state, or local office, agency, or department that provides evidence of a person’s status as a victim.2. A copy of the petition shall be served upon the appropriate county attorney or the attorney general, and the arresting law enforcement agency. A court’s final determination of a petition shall be based on a preponderance of the evidence. If the petitioner submits official documentation to the court, the submission of such documentation creates a presumption that the petitioner’s participation in the offense or offenses for which expungement is sought was due to the petitioner’s status as a victim. Official documentation shall not be required for a court to grant a petition; however, a final determination made by the court without official documentation shall be based on a showing of clear and convincing evidence. Notwithstanding any law to the contrary, a court may order the expungement of the criminal record of a victim if the victim complies with the requirements of the bill. If relief is ordered by a court, the requirements for certification and distribution of copies of the court order shall be as provided in the bill.7, except as detailed in the bill.7. Criminal investigative data and criminal intelligence data that is confidential and exempt under the bill may be disclosed by a law enforcement agency for the reasons detailed in the bill. A person who is the subject of a criminal record that is expunged may lawfully deny or fail to acknowledge an arrest or conviction covered by the expunged criminal record, except if the person is a candidate for employment with a criminal justice agency or is a defendant in a criminal prosecution. Subject to those exceptions, a person who has been granted an expungement shall not be held under any law of this state to have committed perjury or to be otherwise liable for providing a false statement by reason of the person’s failure to recite or acknowledge the criminal record. The bill does not apply to certain criminal offenses as detailed in the bill. §922(t), and shall not prevent any government agency that is authorized by state or federal law to determine the person’s eligibility to purchase or possess a firearm or to carry a concealed firearm from accessing or using the person’s criminal record during the course of the agency’s official duties. The bill shall not be construed to confer any right to a person to the expungement of the person’s criminal record. Any petition for expungement of a person’s criminal record under the bill may be denied at the discretion of the court. The bill provides that the supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal record under the bill.