What the statute allows
§ 11-67.1-17(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 on finding that the individual's participation in the offense was a direct result of being a victim.
The presumption
§ 11-67.1-17(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 their participation was a direct result of being a victim.
If you have any such determination — from a law enforcement agency, a prosecutor, an immigration filing, a service provider working under a government program — it does substantial work for you here.
How the motion proceeds
§ 11-67.1-17(c) provides that the motion, the hearing and any relief granted are conducted in accordance with §§ 12-1-12, 12-1-12.1, and 12-1-12.2, or Chapter 1.3 of title 12 — the sealing and expungement machinery — depending on the relief sought.
Why vacatur is different
An expungement seals a conviction and releases you from its penalties and disabilities. Vacatur addresses the conviction itself. For someone whose offense happened because they were being trafficked, that difference is not merely technical.
This is a motion worth bringing with a lawyer. The finding the court has to make is fact-specific, the presumption has to be set up properly, and the relief on offer is the strongest in the chapter.
