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HB 1298

Human trafficking; issuance of vacatur for victims, definitions.

2026 Regular Session Introduced by Mike Cherry and 3 co-sponsors

Virginia bill allows human trafficking victims to vacate criminal convictions obtained under trafficker coercion, removing barriers to employment and reintegration.

Approved by Governor-Chapter 770 (effective 7/1/2026)
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Bill Summary · HB 1298

Legislative bill overview

HB 1298 allows victims of human trafficking in Virginia to petition courts to vacate (erase) criminal convictions resulting from their trafficking situation. The bill recognizes that trafficking victims may have been coerced into committing crimes and provides a legal mechanism to clear these records. It has passed the House unanimously and is currently under Senate review following committee substitute recommendations.

Why is this important

Human trafficking victims often commit crimes under duress or manipulation by traffickers, yet face permanent criminal records that severely limit employment, housing, and social reintegration opportunities. Vacatur provisions help survivors rebuild their lives by removing barriers to legitimate work and services. This addresses a documented gap where trafficking survivors remain legally stigmatized despite being victims of exploitation.

Potential points of contention

  • Evidentiary standards: Determining what constitutes sufficient proof of trafficking coercion versus voluntary criminal participation may create litigation and interpretation challenges
  • Victim identification: Questions about whether victims must have been formally identified/prosecuted for trafficking, or if self-identification suffices, affecting eligibility scope
  • Fiscal impact: The Senate Finance and Appropriations referral suggests concerns about court administrative costs, victim services expansion, and enforcement resources needed to process vacatur petitions

Compiled from official sources — confirm details with the bill’s official record.

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