CA AB1940

Allows persons convicted of prostitution or solicitation offenses (Penal Code §647 or §653.22) to petition courts to set aside convictions if their participation resulted from being a victim of human trafficking under §236.1 or the federal Trafficking Victims Protection Act.

Requires courts to seal and destroy arrest and conviction records upon finding the petitioner factually innocent due to human trafficking victimization, and permits additional appropriate relief as justice requires.

Deems persons factually innocent of prostitution charges if official documentation shows they were human trafficking victims at the time of the offense, or if another person was convicted of trafficking them in relation to their offense.

Makes findings of factual innocence based on human trafficking victimization admissible as evidence in civil actions for damages against individuals or entities involved in human trafficking.

Broadly interprets time restrictions for filing petitions by human trafficking victims, requiring courts to consider factors including when victimization ceased, safety concerns, the petitioner's age and capacity, access to legal services, and other obstacles preventing timely filing.