Delaware legislators are moving forward with legislation designed to help human trafficking victims clear their criminal records more easily.
House Bill 201 would modify existing state law to remove several obstacles that currently make it difficult for trafficking victims to have convictions overturned and records expunged when those charges stemmed from their exploitation.
The proposed changes would lower the legal standard required to prove a connection between criminal activity and trafficking victimization. Instead of requiring proof that crimes occurred “as a direct result” of trafficking, the new language would only require showing they happened “as a result” of the exploitation.
The bill also includes privacy protections by keeping court proceedings confidential unless a judge finds compelling reasons to make them public. This would allow victims to seek legal relief without risking additional harm or embarrassment.
Another significant change would eliminate mandatory court hearings for uncontested cases. Currently, all requests to vacate convictions require formal hearings, but under the new law, victims could obtain relief through paperwork alone if prosecutors don’t object. This would spare victims from having to testify about traumatic experiences in court.
The legislation would also clarify that judges should use a “preponderance of evidence” standard when deciding whether to grant these requests, and it would allow courts to immediately expunge records once convictions are overturned.
Additionally, the bill would establish specific timeframes for prosecutors to respond to vacation requests and would align the legal standards for trafficking-related defenses to prostitution charges with the new conviction vacation rules.
The measure also includes technical language updates to match current legislative drafting standards.
