Criminal procedure.

Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court for vacatur relief. Existing law requires, to receive that relief, that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence. This bill would instead require that the petitioner establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, which demonstrates that the person lacked the requisite intent to commit the offense. The bill would require the court, under those circumstances, to find that the person lacked the requisite intent to commit the offense and to vacate the conviction as invalid due to legal effect at the time of the arrest or conviction. Existing law, under these provisions, authorizes the court to vacate the conviction and arrests if it finds that the petitioner was a victim of human trafficking, intimate partner violence, or sexual violence, at the time the crime was committed, the commission of the crime was a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence, the victim is engaged in good faith efforts to distance themselves from the perpetrator of the harm or human trafficking scheme, and it is in the best interest of the petitioner and in the interests of justice. This bill would remove the requirement that the victim is engaged in good faith efforts to distance themselves from the perpetrator of the harm or human trafficking scheme, and would remove the requirement that it be in the best interest of the petitioner. The bill would make additional clarifying changes.