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Delaware committee backs bill to make vacating trafficking-linked convictions easier for survivors
Summary
The House Judiciary Committee released HB201, which changes Delaware law to make it easier for human trafficking survivors to vacate convictions or juvenile adjudications obtained as a result of trafficking, keeps motions confidential unless a court orders otherwise, and removes mandatory hearings unless the attorney general objects.
Representative Brooke Williams introduced House Bill 201 on Jan. 23, telling the House Judiciary Committee the measure "will strengthen protections for victims of human trafficking" by allowing convictions and juvenile adjudications tied to trafficking to be vacated and expunged. She said the motion to vacate "must remain confidential unless the courts determine good cause exists to open the proceeding," enabling survivors to seek relief "without needing to relive their trauma."
The bill revises existing language so that convictions obtained "as a result" of trafficking — rather than only those that were a "direct result" — can be vacated, sponsor and witnesses told the committee. Amanda Nyman of the Delaware Department of Justice’s Human Trafficking Unit described a typical case to illustrate the change: a 17-year-old forced to shoplift by a trafficker might now have an associated conviction vacated even where the connection had previously been described as indirect. Nyman said the statute’s burden of proof is a preponderance of the evidence and there is no statute of limitations; a survivor may file at any time and may submit a police report or other documentation if available.
Supporters who testified included the Office of the Child Advocate, the Office of Defense Services and the Delaware Anti Trafficking Action Council. Molly Shaw of the Office of the Child Advocate said the office monitors juvenile trafficking cases from inception to final disposition and supports the measure because it reduces barriers to education, employment and housing for survivors. Sarah Core, executive director of the Delaware Anti Trafficking Action Council, cited national figures and argued the proposal would reduce revictimization and long-term harms for survivors.
Committee members asked operational and legal questions about the bill’s scope and drafting. Karen Wilson of the Division of Legislative Services described how pro bono counsel and stakeholders worked on earlier drafts and confirmed drafting staff and agencies participated in framing the bill. Committee members clarified that the bill excludes violent felonies from automatic vacatur eligibility.
Representative Foreman moved to release HB201 from committee; Representative Bush seconded the motion. The committee voted and the bill was released for committee signatures by unanimous vote. The bill will be reported out to the full House for further action.
Next steps: committee staff will circulate the release paperwork and the bill will be listed on the legislative website and floor calendar once signatures are collected.
