TITLE 11
Criminal Offenses

CHAPTER 11-67.1
Uniform Act on Prevention of and Remedies for Human Trafficking

SECTION 11-67.1-17


§ 11-67.1-17. Motion to vacate and expunge conviction.

(a) An individual convicted of prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may apply by motion to the court having jurisdiction over the offense to vacate the conviction and seal or expunge the record of conviction. The court may grant the motion after a hearing and upon a finding that the individual's participation in the offense was a direct result of being a victim.

(b) An official determination or documentation from a federal, state, local, or tribal agency that the individual was a victim at the time of the offense creates a presumption that the individual's participation was a direct result of being a victim.

(c) A motion filed under subsection (a) of this section, any hearing conducted on the motion, and any relief granted shall be conducted in accordance with the provisions of §§ 12-1-12, 12-1-12.1, and 12-1-12.2, or chapter 1.3 of title 12.

History of Section.
(P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.)