Virginia law allows petitioners who were victims of human trafficking and convicted of certain offenses to seek vacatur of those convictions. If the prosecutor does not object and agrees that the victim's trafficking was a proximate cause, the court can vacate the conviction without a hearing. Otherwise, a hearing is held where evidence can be presented, and the court decides based on a preponderance of evidence.
Victims of human trafficking who were convicted or adjudicated delinquent of certain offenses can petition for vacatur if their trafficking was a proximate cause of the offense.
If the prosecutor does not object and agrees that the victim's trafficking was a proximate cause, the court may grant the vacatur without holding a hearing.
The attorney for the Commonwealth may present any relevant evidence, including evidence that was suppressed at trial, to establish guilt or innocence.
The petitioner must prove by a preponderance of the evidence that their trafficking was a proximate cause of the offense, as outlined in the law.