How Human Trafficking Victims Can Vacate Convictions Under PC 236.14

​​Human trafficking victims are often arrested, charged, and convicted for crimes they never would have committed but for the exploitation they were trapped in. For years, these convictions followed them long after the abuse ended, limiting housing, employment, immigration options, and the ability to rebuild their lives. California recognized this injustice and created a pathway for relief: Penal Code § 236.14, a law that allows trafficking victims to vacate qualifying convictions tied directly to their victimization.

If you or someone you care about were forced into criminal activity because of coercion, threats, or trafficking, PC 236.14 may offer a way to clear your record and reclaim control over your future.

What Vacatur Relief Does Under Penal Code 236.14

When a conviction is vacated under PC 236.14, the court treats the conviction as legally invalid, dismisses the case, and seals the records. To the outside world, it is as though the conviction never existed.

Traditional expungement leaves traces. Vacatur eliminates them. When the court vacates your conviction under California Penal Code 236.14, it finds you lacked the requisite intent to commit the offense.

The conviction becomes invalid due to a legal defect at the time of arrest.

Which Records Disappear

Multiple agencies must seal and destroy those records:

• The law enforcement agency that arrested you
• State or local prosecutorial agencies that obtained the conviction
• Departments of probation that maintained records
• The Department of Justice criminal database

You receive a copy of any court order granting relief. The court informs you that you may state you were not arrested for the charge or convicted of the offense that was vacated.

Who Qualifies as a Victim of Human Trafficking

A victim of human trafficking is defined under California Penal Code Section 236.1(a), (b), and (c).

These crimes fall into three categories:

• Forced labor or services where traffickers deprive someone of their personal liberty to obtain work
• Forced services where traffickers deprive someone of their personal liberty to violate sex trafficking laws
• Commercial sexual exploitation where traffickers cause, induce, or persuade minors to engage in commercial sexual acts

Official documentation helps, but isn’t required. Your testimony and supporting evidence can establish your status as a victim of human trafficking.

Offenses Covered by Vacatur Relief

Any nonviolent offense committed while you were a victim of human trafficking qualifies. Penal Code 236.14 defines a nonviolent offense as any offense not listed in California Penal Code Section 667.5(c).

Traffickers often force victims into illegal activity that leads to criminal charges:

• Prostitution charges under Penal Code 647(b) (explicitly covered by the statute)
• Drug possession charges when traffickers controlled your actions
• Theft or shoplifting committed under coercion
• Trespassing violations
• Loitering charges
• Identity theft when forced by traffickers

The offense must have been the direct result of being a victim of human trafficking. Your status as a victim caused the arrest or conviction. The connection must be clear.

Filing a Petition for Relief Under PC 236.14

The petition for relief is submitted under penalty of perjury. You describe all available grounds and evidence that you were a victim of human trafficking and that the arrest or conviction of a nonviolent offense was the direct result of being a victim.

When You Can File

You may file a petition pursuant to this section at any time after you ceased to be a victim of human trafficking. You can also file within a reasonable time after the petitioner has sought services for being a victim, whichever occurs later.

Building Your Petition

Your petition for relief and supporting documentation needs specific information:

• How the trafficking situation operated
• How trafficking directly led to the arrest or conviction
• Who trafficked you (names if known and safe to disclose)
• When the trafficking occurred
• What services you sought after escaping

Supporting evidence makes your case stronger:

• Letters from service providers who worked with you (social workers, therapists, counselors)
• Statements from people who witnessed the trafficking or know about it
• Medical records showing abuse or coercion
• Police reports about the trafficking if they exist
• Documentation from victim services organizations

The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of their status as a victim.

This standard means highly probable; stronger than more likely than not, but not as demanding as beyond reasonable doubt.

How the Court Process Works

The petition for relief and supporting documentation shall be served on the state or local prosecutorial agencies that obtained the conviction or have jurisdiction over charging decisions.

Prosecution Gets 45 Days to Respond

The state or local prosecutorial agency has 45 days from the date of receipt to respond to the petition. If opposition to the petition is not filed within 45 days, the court shall deem the petition unopposed and may grant the petition.

Many petitions proceed unopposed. Prosecutors recognize that trafficking victims shouldn’t carry criminal records for crimes committed under coercion.

When Prosecutors Object

When the prosecution opposes your petition or the court deems it necessary, a hearing is scheduled. Prosecutors present opposition evidence explaining why they believe vacatur shouldn’t be granted.

You present your evidence. Then, the service provider testimony carries weight. Documentation of the trafficking situation matters. The connection between trafficking and the offense must be demonstrated.

Appearing at Hearings

If prosecutors oppose the petition and the court orders a hearing, you must appear in person unless the court finds a compelling reason why attendance is impossible.

Courts allow appearance by telephone, videoconference, or other electronic means when circumstances justify it.

What Courts Look For Before Granting Relief

After considering the totality of the evidence, the court may vacate the conviction and the arrest. Two findings are essential:

• The petitioner was a victim of human trafficking at the time of the alleged commission of the qualifying crime
• The arrest for or conviction of the crime was a direct result of being a victim of human trafficking

Courts examine whether trafficking caused the criminal conduct.

Did traffickers force, coerce, or manipulate you into the activity that led to your arrest? Would you have committed the offense without the trafficking situation?

What the Court Orders

When granting vacatur relief pursuant to this section, the court order directs multiple actions:

• Finding that you were a victim of human trafficking at the time of the alleged commission and therefore lacked the requisite intent
• Setting aside the arrest, finding of guilt, or adjudication and dismissing the accusation as invalid due to a legal defect
• Notifying the Department of Justice that you were a victim of human trafficking when you committed the crime, and of the relief ordered
• Ordering agencies to seal and destroy those records within specific timeframes

Records Destruction Timeline

The law enforcement agency that has taken action or maintains records because of the offense must destroy the records within one year.

Any government agency covered by the court’s order must:

• Seal its records within one year from the date of arrest or within 90 days after the order is granted (whichever occurs later)
• Destroy those records within one year of the date of the court’s order

Agencies cannot avoid this obligation. They must actually seal and destroy the records, not simply claim they’ve complied.

One Exception: Restitution to Crime Victims

Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime unless it has already been paid.

If your offense harmed someone who received a restitution order, you still owe that money. Vacatur clears your criminal record. It doesn’t erase financial obligations to people injured by the offense.

This protects victims of crimes while still providing relief to trafficking survivors.

What Happens If Your Petition Gets Denied

Courts may deny petitions when the evidence is insufficient. If the court denies the application because the evidence doesn’t establish grounds for vacatur, the denial may be without prejudice.

Fixing Problems and Refiling

The court may allow you a reasonable time period to cure deficiencies if the denial was based on fixable problems. Gaps in documentation can be filled:

• Obtain letters from service providers you worked with
• Gather medical records or police reports that support your trafficking claim
• Provide a clearer explanation of how trafficking caused the arrest
• Add documentation showing when you ceased to be a victim or sought services

You can address the court’s concerns and file again. Denials without prejudice allow this.

Your Privacy During Vacatur Proceedings

California law protects your identity. The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name.

Court documents use initials or other methods that keep your identity private. Trafficking survivors don’t get publicly identified in these proceedings.

Records shall not be distributed to any state licensing board. Your vacated conviction won’t surface in background checks for professional licenses. Agencies cannot share this information.

What You Can Say After Vacatur Is Granted

A petitioner who has obtained an order pursuant to this section may lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside.

This applies everywhere:

• Job applications asking about criminal history
• Housing applications requiring background checks
• Educational programs with admission requirements
• Professional licensing applications and renewals
• Immigration proceedings affecting your status

You can truthfully answer “no” when asked about arrests or convictions for the vacated offense. California law explicitly permits this, making it legal and honest.

How The Right Legal Support Helps Trafficking Survivors Clear Their Records

Proving by clear and convincing evidence that trafficking caused your arrest requires detailed documentation and legal strategy. You must connect your trafficking experience to specific criminal conduct. You must show courts why the conviction should be deemed invalid.

At The Nieves Law Firm, we understand what courts require to grant these petitions. Reach out to us for a consultation about clearing your record under Penal Code 236.14. Our approach focuses on building strong cases that convince courts to vacate convictions and seal records.