(a) Notwithstanding the age and criminal history limitations set forth in § 61-11-26 of this code or the provisions in § 49-4-103 of this code, an individual convicted of prostitution in violation of §61-8-5(b) of this code as a direct result of being a victim of trafficking, may apply by petition to the circuit court in the county of conviction or juvenile adjudication to vacate the conviction or adjudication of juvenile delinquency and expunge the record of conviction or record of adjudication of juvenile delinquency. The court may grant the petition upon a finding that the individual’s participation in the offense was a direct result of being a victim of trafficking.

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Terms Used In West Virginia Code 61-14-9

  • Conviction: A judgement of guilt against a criminal defendant.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Victim: means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted. See West Virginia Code 61-14-1

(b) A victim of trafficking seeking relief under this section is not required to complete any type of rehabilitation in order to obtain expungement.

(c) A petition filed under subsection (a) of this section, any hearing conducted on the petition, and any relief granted are subject to the procedural requirements of § 61-11-26 of this code: Provided, That the age or criminal history limitations in that section and the provisions of § 49-4-103 of this code are inapplicable to victims of human trafficking.