An Act to amend and reenact §§ 19.2-327.15 through 19.2-327.19 of the Code of Virginia, relating to issuance of vacatur for victims of human trafficking.
HB1298 amends Virginia law governing vacatur relief for victims of human trafficking. The bill expands and clarifies the definitions used in the chapter, including “labor trafficking,” “sex trafficking,” “victim of human trafficking,” “qualifying offense,” and “ancillary matter,” and it authorizes circuit courts to issue writs of vacatur for arrests, charges, convictions, delinquency adjudications, and certain related ancillary matters tied to trafficking victimization. It also sets out the petition process, including what facts must be alleged under oath, and confirms that circuit courts may hold hearings and that appeals may be taken to the Supreme Court of Virginia.
Under the bill, a trafficking victim may seek to have records or judgments vacated if the qualifying offense was committed, charged, or arrested in connection with the person’s trafficking victimization. The petition must identify the offense, dates, identity information, and explain how trafficking was the proximate cause of the offense. The bill therefore creates a post-conviction relief mechanism intended to help survivors clear criminal records that arose from exploitation rather than voluntary criminal conduct.
HB1298 amends §§ 19.2-327.15 through 19.2-327.19 of the Code of Virginia, strengthening and refining the statutory framework for vacatur petitions by trafficking survivors. It affects circuit court procedure, the scope of eligible offenses and ancillary matters, and the evidentiary and pleading requirements for petitioners. The practical impact is to expand access to record relief for victims of labor and sex trafficking and to provide courts with explicit authority to vacate qualifying criminal records and related matters.
The available context shows the bill was enacted as Chapter 770, which suggests it received sufficient support to pass both chambers and become law. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of opposition in the supplied materials. The overall sentiment inferred from enactment is favorable, with the bill likely viewed as a victim-centered reform aimed at helping trafficking survivors remove criminal consequences tied to exploitation.
No specific points of contention are documented in the provided materials. Based on the bill text, any debate would likely center on the breadth of the qualifying offenses, the requirement that trafficking be the proximate cause of the offense, and the scope of ancillary matters eligible for vacatur. Potentially affected parties include trafficking survivors seeking relief, prosecutors and courts administering petitions, and agencies maintaining criminal records.