Vacating Criminal Convictions for Victims of Human Trafficking: Weighing Opportunities for Expansion with a State Interest in Finality

Authors

• Lori Waichman, Benjamin N. Cardozo School of Law

Abstract

The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.

Disciplines

Comparative and Foreign Law | International Law | Law | Law Enforcement and Corrections | Legislation | Sexuality and the Law

Recommended Citation

Lori Waichman, Vacating Criminal Convictions for Victims of Human Trafficking: Weighing Opportunities for Expansion with a State Interest in Finality, 1 Cardozo Int’l & Compar. L. Rev. 473 (2018).
Available at: https://larc.cardozo.yu.edu/ciclr/vol1/iss3/4