In 2022 New Jersey expanded its criminal record clearing relief for survivors of human trafficking. Under New Jersey law, any crime, except for a few very serious offences such as homicide, manslaughter, kidnapping, luring or enticing a child, and sexual assault, can be vacated if the survivors can show that offense was committed as a result of their status as a victim/survivor of human trafficking. This means that even criminal offenses that occurred after leaving the trafficking situation may still be eligible for vacatur. Arrest records and DNA records can also be expunged simultaneously.

In January 2026, a federal pathway for vacatur and expungement for human trafficking survivors was also established. Under the Trafficking Survivors Relief Act, survivors of sex and labor trafficking may petition to have certain arrests and convictions for federal crimes expunged and vacated. Trafficking survivors can petition for vacatur of nonviolent federal convictions, not involving child victims, if the survivor can show that the offense was committed as a direct result of their trafficking. Federal arrests can also be expunged if they were directly related to trafficking and didn’t lead to a conviction of a violent crime.

This relief is important for victims of human trafficking who were forced into criminality by their traffickers or compelled to enter negative situations after their escape because of the trauma and stigma of trafficking. Vacatur and expungement relief allow survivors to gain a fresh start and opens avenues for jobs, housing, and public benefits.

This information last reviewed: Mar 10, 2026