“THE SECOND CHANCE THEY DESERVE”: VACATING CONVICTIONS OF SEX TRAFFICKING VICTIMS

“THE SECOND CHANCE THEY DESERVE”: VACATING CONVICTIONS OF SEX TRAFFICKING VICTIMS

Section 440.10(1)(i) of the New York Criminal Procedure Law allows victims of sex trafficking to vacate convictions for certain offenses they were forced to commit by their traffickers. This vacatur provision and similar laws in other states have been praised for their ability to give victims of sex trafficking a fresh start, free from the stigma of a criminal record. Unfortunately, these laws have not been widely utilized. This Note argues that procedural and structural flaws in these statutes prohibit them from having their intended effect: ensuring that victims of trafficking are not punished for crimes committed under coercion. Ultimately, this Note proposes judicial and legislative improvements to vacatur statutes designed to make it easier for victims to vacate existing criminal convictions and avoid amassing future ones.