2020 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 14. Human Trafficking
§61-14-9. Petition to Vacate and Expunge Conviction of Sex Trafficking Victim
(a) Notwithstanding the age and criminal history limitations set forth in section twenty-six, article eleven of this chapter, an individual convicted of prostitution in violation of subsection (b), section five, article eight of this chapter as a direct result of being a victim of trafficking, may apply by petition to the circuit court in the county of conviction to vacate the conviction and expunge the record of conviction. 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.
(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 section twenty-six, article eleven of this chapter: Provided, That the age or criminal history limitations in that section are inapplicable to victims of human trafficking.
