Human Trafficking; exclude from expungement felony violations of.
What changed between versions
The waiting period for felony expunction eligibility was reduced from five years to three years after successful completion of all terms and conditions of the sentence.
A provision stating that the clerk of the court shall not charge a filing fee, service charge, copy fee, or any other charge for petitions filed under the trafficking expungement subsections was removed entirely.
An exception was added to the minor criminal liability protection: minors identified as trafficking victims are no longer shielded from liability for violations of Section 63-11-30 (child pornography).
The same Section 63-11-30 (child pornography) exception was added to the affirmative defense provision, meaning trafficked persons cannot use the affirmative defense for child pornography charges.
The effective date clause was corrected. The House version contained a contradictory repeal date (effective July 1, 2026 but repealed June 30, 2026). The Senate version removes the repeal date, making the law permanent as of July 1, 2026.
Minor wording change in the trafficking expungement provision: 'was the direct result of being a victim' was changed to 'was the direct result of the victim's trafficking.'
