Survivors of trafficking or abuse: clearing convictions caused by the abuse

This page is about clearing convictions that came from being trafficked or abused. It is general information, not legal advice. DNLH is not a law office or a crisis line.

Can a conviction caused by trafficking or abuse be cleared?

Yes, in many cases. California has two laws for this.

• Penal Code 236.14 is for survivors of human trafficking. A survivor can ask the court to cancel ("vacate") a conviction for a nonviolent offense that was a direct result of being trafficked.
• Penal Code 236.15 is for survivors of intimate partner violence or sexual violence. It works the same way for nonviolent offenses that were a direct result of that abuse.
• Under both laws, you must show the link with clear and convincing evidence (236.14, 236.15). That is strong proof, more than "more likely than not." Under 236.14, the court must also find you were a trafficking victim at the time of the offense and that vacating is in the interest of justice.

"Direct result" means the crime happened because of the abuse. For example, a trafficker forced you to sell, carry, or sign something. Or an abuser made you take part in a theft or a lie. You do not have to prove that every part of your life was controlled. You do have to show how the abuse led to this crime.

These laws do not cover violent offenses. If your case involved violence, still talk to a lawyer. Other tools may help.

We know this is hard to talk about. You did not choose what was done to you. Asking a court to clear this is not asking for a favor. It is asking the law to see what really happened.

Why does this matter so much for immigrants?

A criminal record can block a green card, citizenship, a T visa or U visa, or lead to deportation. Even an old case can matter.

Here is the key rule. For immigration, not every cleared conviction is gone.

• USCIS says a conviction that a court vacated because of a legal or constitutional defect is no longer a conviction for immigration.
• A conviction that was dismissed or expunged for other reasons, such as finishing probation, still counts for immigration.

So the reason the court gives matters. A regular "clean slate" dismissal under Penal Code 1203.4 does not remove a conviction for immigration. A survivor vacatur may be the stronger tool. Ask your lawyer to make sure the judge's order states the legal reason the conviction was vacated. Ask your immigration lawyer whether a 236.14 or 236.15 order meets the federal test in your case, and how to word the order.

What do I need to show?

Your lawyer will build this with you. In general, the court looks at:

1. That you were a survivor. Of trafficking (236.14), or of intimate partner or sexual violence (236.15).
2. That the crime was a direct result. How the abuse led to this specific offense.
3. That the offense was nonviolent.

Proof can come from many places. You do not need all of these:

• Your own written statement about what happened
• Police reports, court records, or a restraining order
• Letters from a counselor, shelter, advocate, doctor or case worker
• A T visa or U visa approval, or a law enforcement certification, if you have one
• Texts, photos or messages that show control, threats or force
• Statements from people who knew what was happening

Do not write your story alone and send it to anyone. Write notes for your lawyer only. Your words can be used in other cases.

Is there a deadline?

The two laws differ.

• Trafficking survivors (236.14): you can file at any time after you are no longer a victim, or after you sought help, whichever is later. The law says the right "does not expire with the passage of time." A court also may not refuse to hear you because you still owe fines or did not finish probation.
• Intimate partner or sexual violence survivors (236.15): you must file "within a reasonable time" after you are no longer a victim or after you sought help, whichever is later. The court can consider safety concerns. So do not wait.

If you have a notice to appear in immigration court, or a removal order, tell your lawyer right away. That changes how fast you need to move.

Will my name be public, and do I have to go to court?

• Your full name stays out of the public record. Both laws say the public record of the case "shall not disclose the petitioner's full name."
• You may not have to appear. Under 236.14, if no one opposes the petition, you can appear through your lawyer. If it is opposed and there is a hearing, you must come in person unless the court finds a compelling reason, and then you may appear by phone or video. 236.15 also lets the court excuse you for a compelling reason.
• Your petition is signed under penalty of perjury. Tell the truth, and let your lawyer write it.

What happens if the judge says yes?

• The conviction is vacated. Under 236.14, the court orders the agencies involved to seal and destroy the arrest records, and the arrest and conviction are "deemed not to have occurred." You may then say you were not arrested or convicted for that charge, for state purposes. Immigration forms follow federal rules, so ask your lawyer how to answer them.
• Get certified copies of the order and the new court record. Keep them safe forever. Immigration officials often ask for court records even after a case is cleared.
• Check your record again later, with the California Department of Justice Record Review, to make sure the change shows up.

Keep a copy of the order with your immigration papers, in a safe place your abuser cannot reach.

What if I am charged right now?

If you have an open case and the abuse led to it, tell your defense lawyer today.

• California has a defense for trafficking survivors. Under Penal Code 236.23, it is a defense if you were "coerced to commit the offense as a direct result of being a human trafficking victim" and had a reasonable fear of harm. It does not cover violent felonies. Penal Code 236.24 gives the same kind of defense to survivors of intimate partner or sexual violence who were coerced to commit the offense as a direct result of the abuse and had a reasonable fear of harm. It also does not cover violent felonies. Ask your lawyer.
• Your defense lawyer must give you correct advice about the immigration effects of any plea deal, and defend against those effects in line with your goals. Ask: "Will this plea hurt my immigration case?"
• You do not have to tell the court your immigration status.

Read Before you take a plea deal and If you are arrested and not a citizen.

What about federal convictions?

On January 23, 2026, the Trafficking Survivors Relief Act (H.R. 4323) was signed into law as Public Law 119-73. It adds a new federal law, 18 U.S.C. 3771A. A survivor convicted of a federal offense that is not a violent crime can ask the court that sentenced them to vacate the conviction if the offense was a direct result of being trafficked. Survivors can also ask the federal court where they were arrested to erase some arrest records (law text, govinfo). The Immigrant Legal Resource Center (ILRC), a nonprofit, wrote in June 2026 that it covers offenses that are not crimes of violence, uses a "direct result" test, and may work for immigration.

This law does not touch California state cases. For those, use 236.14 or 236.15. A federal defense lawyer can tell you whether your case fits and how to file.

What about a T visa or U visa?

Clearing a conviction and applying for status often go together. A survivor of trafficking may qualify for a T visa. A victim of certain crimes, such as domestic violence or sexual assault, may qualify for a U visa. Both can lead to a green card after 3 years in that status.

A conviction can make these harder, but not always impossible. Plan both together with one lawyer if you can. Start with Immigration options if you survived violence, abuse or trafficking and What is a U visa and could I qualify?.

How do I start?

1. Get safe first. If you are in danger, call 911. For trafficking help, call 1-888-373-7888.
2. Get your record. Request your California record through DOJ Record Review. Note: a Record Review copy cannot be used for an immigration filing. Your lawyer will tell you which records immigration needs.
3. Find each case. Write down the court, county and case number for each conviction. See How to get a copy of your criminal record.
4. Write private notes for your lawyer: when the abuse started, how it led to each case, and who knew.
5. Meet a survivor immigration lawyer or clinic. Ask them to look at both the criminal case and your immigration options.
6. Ask about money help. The California Victim Compensation Board can help pay for counseling and other costs. U.S. citizenship is not required. Call 800-777-9229.

Who can help?

These are free or low cost legal offices, public defenders and hotlines. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): record clearance and immigration help for survivors (VAWA, U visa) for low income residents of San Mateo and Santa Clara counties. 650-326-6440. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road. clsepa.org/services
• Bay Area Legal Aid: immigration help for survivors, including VAWA, U and T visas. Advice line 1-800-551-5554. baylegal.org
• Tahirih Justice Center, Bay Area: free legal help for immigrant women and girls fleeing violence. 1-866-575-0071, Monday to Friday, 9 to 5. No walk ins. tahirih.org
• Public defenders: Santa Clara County Public Defender, (408) 299-7700. In San Mateo County, the Private Defender Program, (650) 298-4000. If they handled your old case, ask whether they help with survivor vacatur.
• National Human Trafficking Hotline: 1-888-373-7888, text 233733, 24/7, confidential, in English, Spanish and more than 200 other languages by interpreter.
• California Victim Compensation Board: 800-777-9229. victims.ca.gov
• More legal help: Free or low cost immigration legal help in the Bay Area, and Where survivors can find counseling and healing.

If you are thinking about suicide or are in emotional crisis, call or text 988, or chat at 988lifeline.org. It is free and confidential, 24/7. 988lifeline.org says to call 911 if you are having a medical emergency.

Common questions

Do I have to testify against my trafficker or abuser to clear my record? These vacatur laws focus on what happened to you and how it led to the crime. Ask your lawyer what the court in your county expects.

Will my abuser find out? Ask your lawyer how to keep your address and details private. Plan this before you file, especially if you have a custody or restraining order case.

I already got a 1203.4 dismissal. Is that enough? For immigration, usually not. A 1203.4 dismissal still counts as a conviction for immigration. Ask whether a survivor vacatur can also be filed.

I was a teenager when this happened. Tell your lawyer. Juvenile cases follow different rules. See Does a juvenile record affect immigration or DACA?.

Is there a checklist I can print?

You survived. The record does not get the last word. Take one step this week, and let others walk with you.