Ark. Code Ann. § 16-90-1412: Sealing certain convictions for victims of human trafficking - Definition

(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 , or any former law of this state, law of another state, or federal law that is substantially similar. (b) (1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking. (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time. (c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that: (1) The petitioner was convicted of prostitution, § 5-70-102 ; and (2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 . (d) If the uniform petition under this section is granted, the court shall: (1) Issue a uniform order to seal the conviction; and (2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense. (e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. (2) Documentation under this subsection is not required to grant a petition under this section. (3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking. Amended by Act 2021, No. 1106,§ 5, eff. 7/28/2021. Added by Act 2015, No. 1152,§ 12, eff. 7/22/2015.

(a) As used in this section, "victim of human trafficking" means a person who has been subjected to trafficking of persons, § 5-18-103 , or any former law of this state, law of another state, or federal law that is substantially similar.

(b) (1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking. (2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

(1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking.

(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

any time and may be filed for a conviction imposed at any time.

(1) A person convicted of prostitution, § 5-70-102 , may file a uniform petition to seal the conviction under this section if it was obtained as a result of the person's having been a victim of human trafficking.

(2) A uniform petition under this section may be filed at any time and may be filed for a conviction imposed at any time.

(c) The court shall grant the uniform petition under this section if it finds by a preponderance of the evidence that: (1) The petitioner was convicted of prostitution, § 5-70-102 ; and (2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(1) The petitioner was convicted of prostitution, § 5-70-102 ; and

(2) (A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking. (B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(A) The conviction was obtained as a result of the petitioner's having been a victim of human trafficking.

(B) A finding concerning the affirmative defense under § 5-2-210 does not affect a finding under subdivision (c)(2)(A) of this section, and the petitioner is not required to have raised the affirmative defense under § 5-2-210 .

(d) If the uniform petition under this section is granted, the court shall: (1) Issue a uniform order to seal the conviction; and (2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense.

(1) Issue a uniform order to seal the conviction; and

(2) With respect to the conviction for prostitution, § 5-70-102 , redact the petitioner's name from all records and files related to the petitioner's: (A) Arrest; (B) Citation; (C) Criminal investigation; (D) Criminal charge; (E) Adjudication of guilt; (F) Criminal proceedings; and (G) Probation for the offense.

(A) Arrest;

(B) Citation;

(C) Criminal investigation;

(D) Criminal charge;

(E) Adjudication of guilt;

(F) Criminal proceedings; and

(G) Probation for the offense.

(e) (1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking. (2) Documentation under this subsection is not required to grant a petition under this section. (3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

e that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

(1) Official documentation by a federal, state, or local government agency verifying that at the time of the conviction for prostitution, § 5-70-102 , the petitioner was a victim of human trafficking creates a presumption under this section that the person's prostitution conviction was obtained as a result of having been a victim of human trafficking.

(2) Documentation under this subsection is not required to grant a petition under this section.

(3) Documentation under this subsection may include without limitation: (A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or (B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.

(A) Certified records of federal or state court proceedings that demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under state law or the Victims of Trafficking and Violence Protection Act of 2000, 22 U.S.C. § 7101 et seq., as it existed on January 1, 2013; or

(B) Certified records of "approval notices" or "law enforcement certifications" generated from federal immigration proceedings available to victims of human trafficking.