AB 1762 Summary

• Allows individuals convicted of nonviolent crimes as a direct result of being human trafficking victims to apply to vacate the conviction if not in custody and either crime-free for two years or completed probation.

• Permits juveniles adjudicated as wards of juvenile court for nonviolent crimes committed while trafficking victims to have the petition dismissed if crime-free for one year prior to application.

• Requires courts to seal all case records upon granting vacatur relief and release defendants from all penalties and disabilities; allows defendants to state they were never arrested for or convicted of the crime.

• Defines "human trafficking victim" and "nonviolent crime" for purposes of vacatur; requires clear and convincing evidence that crime participation was directly caused by trafficking victimization.

• Amends state criminal history information procedures to exclude charges and convictions for which trafficking victim relief has been granted; repeals prior prostitution-related conviction vacatur statute (Section 1203.49).