Can Human Trafficking Victims Get Convictions Dismissed in Washington?

Question from Marsha, Can Human Trafficking Victims Get Convictions Dismissed in Washington?

Answer from AI:

If you are a victim of human trafficking in Washington State and have a conviction directly related to your victimization, you may be able to get your case dismissed or vacated. Washington law recognizes the unique circumstances of human trafficking victims and provides legal avenues to address convictions that occurred as a result of being trafficked.

Washington State Law on Vacating Convictions for Trafficking Victims

Under Washington State law, specifically RCW 9.96.070, victims of human trafficking can petition the court to vacate their convictions for certain offenses if they can prove that the conviction was a direct result of being a victim of trafficking.

Eligibility Criteria

To be eligible to have your conviction vacated, you must meet the following criteria:

• You must have been convicted of a non-violent offense.
• You must prove that the offense was committed as a result of being a victim of human trafficking.
• You must not have any pending criminal charges.
• You must not have been convicted of a new crime in the past three years.

Steps to Vacate a Conviction

Here are the general steps you would need to follow to vacate a conviction:

1. Gather Evidence: Collect documentation and evidence that prove you were a victim of human trafficking at the time of the offense. This can include police reports, court records, affidavits from service providers, or other relevant documents.
2. File a Petition: File a petition with the court that handled your original conviction. The petition should include all necessary evidence and a detailed explanation of how your victimization led to the conviction.
3. Attend a Hearing: You may be required to attend a court hearing where you will present your case. Be prepared to explain your situation and provide any additional evidence or testimony.
4. Await the Court’s Decision: The court will review your petition and evidence. If the court finds that you meet the criteria, it may grant the petition to vacate your conviction.

Legal Assistance and Resources

Given the complexity of the legal process, it is highly recommended that you seek legal assistance. An attorney experienced in human trafficking cases can help you navigate the process and increase your chances of a successful outcome.

You can find legal help through:

• Washington LawHelp – Provides free legal information and resources.
• Northwest Justice Project – Offers legal assistance to low-income individuals in Washington.
• Lawyers.com – A directory to find attorneys specializing in criminal defense and human trafficking cases.

When to Consult a Legal Professional

If you believe you qualify to have your conviction vacated, it is crucial to consult with a legal professional. An attorney can provide personalized advice, help you gather the necessary evidence, and represent you in court. Legal professionals can also help you understand your rights and the specific requirements under Washington law.

For more detailed information, you can refer to the Revised Code of Washington (RCW) 9.96.070.

Remember, while this information provides a general overview, each case is unique, and professional legal advice is essential for navigating the legal system effectively.