When Survival Isn’t a Crime: Understanding AB 910
Survivors of human trafficking, domestic violence, and sexual assault sometimes end up with arrest records or criminal convictions because of what was done to them. For example, a survivor may have been forced or coerced into breaking the law by an abuser or trafficker. AB 910 gives survivors two ways to address this.
1. Clearing Past Arrests and Convictions (Vacatur)
Survivors can ask a court to vacate, meaning formally remove, an arrest or conviction that happened as a direct result of their victimization. Here’s how it works:
- The survivor petitions the court and must show that the offense was directly tied to their experience as a victim.
- The prosecution has the chance to review and challenge the petition.
- A judge only grants relief if the survivor meets this legal standard.
This creates a fair process that protects survivors while still giving prosecutors a voice and keeping public safety in mind.
2. A Legal Defense for Survivors (Affirmative Defense)
AB 910 also strengthens survivors’ ability to defend themselves in ongoing cases. If someone is charged with an offense they were coerced into committing because of trafficking, domestic violence, or sexual assault, they can raise this as a defense in court.
- This defense must be raised before a plea is entered or before a trial concludes.
- Prosecutors still have the opportunity to argue against it.
- Because this happens within the normal court process, it does not add any new costs for the state.
Bottom line: AB 910 helps ensure survivors are not punished for crimes that were really the result of the abuse or exploitation they suffered, while keeping the process fair and balanced for everyone involved.
Submit a AB-910 Letter of Support to the California Legislature’s Position Portal.
