§ 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.
Structure Rhode Island General Laws
Chapter 11-67.1 - Uniform Act on Prevention of and Remedies for Human Trafficking
Section 11-67.1-1. - Short title.
Section 11-67.1-2. - Definitions.
Section 11-67.1-3. - Trafficking an individual.
Section 11-67.1-4. - Forced labor.
Section 11-67.1-5. - Sexual servitude.
Section 11-67.1-6. - Patronizing a victim of sexual servitude.
Section 11-67.1-7. - Patronizing a minor for commercial sexual activity.
Section 11-67.1-8. - Business entity liability.
Section 11-67.1-9. - Aggravating circumstance.
Section 11-67.1-10. - Restitution.
Section 11-67.1-11. - Forfeiture.
Section 11-67.1-12. - Statute of limitations.
Section 11-67.1-13. - Victim confidentiality.
Section 11-67.1-14. - Past sexual behavior of victim.
Section 11-67.1-15. - Immunity of minor.
Section 11-67.1-16. - Affirmative defense of victim.
Section 11-67.1-17. - Motion to vacate and expunge conviction.
Section 11-67.1-18. - Civil action.
Section 11-67.1-19. - Council on human trafficking.
Section 11-67.1-20. - Display of public-awareness sign — Penalty for failure to display.
Section 11-67.1-21. - Eligibility for benefit or service.
Section 11-67.1-22. - Law enforcement protocol.
Section 11-67.1-23. - Grant to or contract with service provider.
Section 11-67.1-24. - Uniformity of application and construction.
Section 11-67.1-25. - Severability.
Section 11-67.1-26. - Effect of repeal on criminal prosecutions.