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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-90-1412. Sealing certain convictions for victims of human trafficking

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) As used in this section, “victim of human trafficking” means a person who has been subjected to trafficking of persons, § 5-18-103, or any former law of this state, law of another state, or federal law that is substantially similar.

(b)(1) A person convicted of prostitution, § 5-70-102, may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking.

(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that:

(1) The petitioner was convicted of prostitution, § 5-70-102; and

(2)(A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.

(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210.

(d) If the uniform petition under this section is granted, the court shall:

(1) Issue a uniform order to seal the conviction; and

(2) With respect to the conviction for prostitution, § 5-70-102, redact the petitioner's name from all records and files related to the petitioner's:

(A) Arrest;

(B) Citation;

(C) Criminal investigation;

(D) Criminal charge;

(E) Adjudication of guilt;

(F) Criminal proceedings; and

(G) Probation for the offense.

(e)(1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102, the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.

(2) Documentation under this subsection is not required to grant a petition under this section.

(3) Documentation under this subsection may include without limitation:

(A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or

(B) Certified records of “approval notices” or “law enforcement certifications” generated from federal immigration proceedings available to victims of human trafficking.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-90-1412. Sealing certain convictions for victims of human trafficking - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-90-1412/

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