Survivors First Vacatur Project

Post-conviction relief is a vital legal remedy that allows survivors of human trafficking to clear criminal records stemming from exploitation, including offenses like prostitution, drug possession, or theft. Many are coerced into illegal acts by traffickers or forced into them for survival. A 2016 National Survivor Network survey found that 90% of survivor respondents had been arrested, yet 75% had not been able to vacate their convictions.

Criminal records create lasting barriers to employment, housing, education, and other essential aspects of stability, often stigmatizing survivors and reinforcing the trauma of their exploitation. Faced with these obstacles, survivors must choose between disclosing their trafficking experience or forfeiting opportunities for fear of judgment. Widespread, reliable post-conviction relief is urgently needed to reduce these harmful consequences and support survivors’ paths to independence.

In recent years, states have increasingly recognized the need for criminal record relief for trafficking survivors, with laws and eligibility varying widely. Georgia’s Senate Bill 435, the “Survivors First Act,” signed into law in 2020, provides crucial remedies for survivors of both sex and labor trafficking. It allows survivors to vacate convictions directly resulting from their trafficking or restrict access to records tied to offenses committed while they were being trafficked.

The burden falls on the survivors to prove that their conviction was either a direct result of or occurred during their trafficking. To meet this burden and other eligibility requirements—such as having no pending warrants—survivors need attorneys with specialized knowledge, training, and skills to gather and present compelling evidence. CEASE is partnering with CJCC to identify eligible incarcerated survivors in Georgia and build a network of pro bono attorneys to represent them in filing petitions under the Survivors First Act.