Subcommittee unanimously approves expansion of vacatur for trafficking survivors
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Summary
HB 1298 was amended to expand vacatur eligibility so survivors of human trafficking can seek vacatur for misdemeanors and nonviolent felonies committed as a direct result of trafficking; the substitute adds a rebuttable presumption when a petitioner already has official documentation of victim status and was reported 10-0.
Delegate Delaney presented HB 1298 to expand the state's vacatur statute so survivors of human trafficking may seek to vacate convictions for all misdemeanors and all nonviolent felonies when those offenses were committed as a direct result of trafficking victimization.
The substitute adopted at the hearing creates a limited rebuttable presumption that a petitioner’s participation in an offense was caused by trafficking when the petitioner has "official documentation" showing victim status at the time of the offense; council defined "official documentation" broadly to include documentation issued by federal, state or local agencies tending to show victim status. Counsel emphasized the petitioner still bears the preponderance burden in most cases; the rebuttable presumption applies only when prior official documentation exists.
Survivor leaders and service providers — including Sydney McCoy of Shared Hope International, Patrick McKenna of the Virginia Coalition Against Human Trafficking and several survivor‑led organizations — urged the expansion to address the reality that traffickers coerce victims into a wide range of crimes beyond historically enumerated offenses. "These records do not reflect culpability. They reflect victimization," said Courtney Desilette, a survivor leader and board member of the Virginia Coalition Against Human Trafficking.
Opposition from some Commonwealth's attorneys focused on evidentiary scope and the narrow circumstances that should trigger automatic presumptions; Anton Bell queried what would count as "verified" documentation and expressed concern that the expansion could include certain homicide charges if statutory definitions classify them as nonviolent. Counsel clarified violent felonies under 17.1‑805 remain excluded and that the statute retains a proximate‑cause requirement linking the offense to trafficking.
After discussion the subcommittee reported the substitute unanimously, 10‑0. Advocates said the change will reduce barriers to housing and employment for survivors and align state practice with recent federal developments expanding remedies for trafficking survivors.
