Human Trafficking

SJ19E-1000884

UNION COUNTY - WARRANT CLEARING

Representation in warrant clearing for survivor of human trafficking

SJ seeks assistance with resolving two open prostitution charges from 2002 that occurred as a result of human trafficking. Due to nonappearance in court, there are bench warrants from Elizabeth Municipal Court.  In addition to vacating the bench warrants, there are persuasive arguments to dismiss the underlying charges. First, due to the age since the matters are over ten years old. Second, pursuant to N.J.S.A. 2C:34-1(e), it is an affirmative defense to a charge of prostitution if the defendant was the victim of human trafficking at the time of the alleged offense.   If the matters are dismissed, client could simultaneously apply for an automatic expungement. An expungement would leave her with a clear New Jersey criminal record.  Client lives in Brooklyn, N.Y. 

To review, email jchavez@vljnj.org

MP19E-1001137

BERGEN COUNTY - EXPUNGEMENT

Representation in criminal record clearing for survivor of human trafficking

MP seeks to expunge a 2004 disorderly persons shoplifting conviction. Fines were satisfied in 2004. Although community service was vacated later in 2017, the waiting period for purposes of expungement is arguably satisfied as only “date of most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later” is specified in the statute. Expungement will result in a clear record and will be helpful for immigration purposes including her T-visa application.

To review, email jchavez@vljnj.org