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AB 938 would expand vacatur and affirmative‑defense options for survivors of human trafficking, IPV and sexual violence
Summary
AB 938 would expand vacatur relief and affirmative‑defense options for survivors of trafficking, sexual and intimate‑partner violence, allowing courts to vacate convictions tied to victimization and remove collateral barriers.
Assemblymember Bonta presented AB 938, the “Survivors Act of 2025,” as a measure to expand legal remedies for people criminalized while they were being trafficked, coerced, or subject to intimate‑partner violence. The bill would broaden access to vacatur relief and allow survivors to present victimization as an affirmative defense in a wider set of cases (with murder convictions excluded by committee amendment except in cases where no conviction occurred and vacatur is in the interest of justice).
Sponsor and expert testimony emphasized that survivors are frequently criminalized for acts they were coerced or forced to commit while being exploited and said vacatur is necessary to remove barriers to housing, employment and services. Jamie Beck, a practitioner who represents trafficking and domestic‑violence survivors, told the committee the current vacatur law is too narrow and leaves many survivors with criminal records stemming from their victimization.
Survivors including Susan Bustamante shared personal testimony of being criminalized for acts related to abuse and described how limited avenues to explain victimization at trial contributed to long sentences; Bustamante said she would have benefited from vacatur or an affirmative‑defense avenue and urged the legislature to act.
Prosecutors and some law‑enforcement groups opposed the expansion. Bradley Morrow (California District Attorneys Association) and others argued that the bill as drafted expanded vacatur to many violent offenses and could vacate restitution orders; they urged narrower relief and safeguards for victims. Supporters pointed to judicial review and the interest‑of‑justice standard as protections; the author accepted committee amendments excluding murder convictions from vacatur relief except in narrow circumstances.
The committee passed AB 938 to appropriations on a vote recorded later in the record as 4–1; supporters emphasized judicial review requirements and safeguards for victims’ compensation through CalVCB.
Ending: AB 938 generated contested testimony over balancing survivor relief and victims’ restitution; supporters said judicial review and recent amendments limit risks and urged the bill to move forward to expand pathways to recovery for survivors criminalized while being abused.
