While we have done extensive work abroad in combating human trafficking, we want to bring our expertise to make an impact home to our own backyard. Human trafficking victims are often forced, manipulated and coerced by their trafficker to commit crimes. Even when victims emerge from being trafficked, many have criminal records that create huge obstacles to obtaining employment, custody, housing, etc. Virginia law now allows for sex trafficking victims to vacate (or expunge) specific charges from their record. The CGJ Clinic was created in 2023 to offer free legal representation to human survivors in this process of obtaining record relief.

 The vacatur procedure, for removing criminal convictions related to being a sex trafficking victim, was passed during the 2021 General Assembly Session. This law is found in Virginia Code § 19.2-327.

“Upon a petition of a person who was convicted or adjudicated delinquent of a qualifying offense [prostitution or bawdy place], the circuit court of the county or city in which the conviction or adjudication of delinquency was entered shall have the authority to issue writs of vacatur” § 19.2-327.16. 

As we proceed with representation under the current Virginia statute, we are also researching and evaluating the law’s efficacy. This includes researching how the law affects trafficking survivors. If you work with survivors of trafficking, please consider responding to this short survey to assist the Clinic in its research efforts.

Any resulting written publication will be made available to our partners. Thank you so much for partnering with us to provide record relief for sex-trafficking survivors.

Vacatur for Sex Trafficking Survivors

Terms:

1. The Center for Global Justice Clinic is a clinical program within the Center for Global Justice at Regent Law School in Virginia Beach providing free legal representation to sex-trafficking survivors in obtaining record relief (vacatur). May also be referred to as the Clinic, CGJ Clinic, or the Vacatur Clinic
1. Primary contact: Meg Kelsey, Assistant Director: mkelsey@regent.edu
2. Survivor Service Provider (SSP) is an organization or nonprofit providing support for trafficking survivors. May also be referred to as victim services provider, partner, or stakeholder
3. Survivor may also be referred to as the client as the case proceeds. Virginia statute refers to survivor as sex trafficking victim.
4. Private Attorney is a licensed attorney not employed by the Clinic, but who has been screened and trained to work with the Clinic in handling vacatur petitions on a pro bono basis. May also be referred to as pro bono counsel, pro bono attorney or co-counsel

-The Center for Global Justice Clinic