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SB 748

Human trafficking; issuance of vacatur for victims, definitions.

2026 Regular Session Introduced by Mamie Locke

Virginia bill allows human trafficking victims to petition courts to erase convictions for crimes committed under trafficker coercion, removing barriers to reintegration.

Governor's Action Deadline 11:59 p.m., April 13, 2026
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Bill Summary · SB 748

Legislative bill overview

SB 748 establishes a legal mechanism for human trafficking victims to petition courts for vacatur (erasure) of criminal convictions resulting from their trafficking situation. The bill defines trafficking victims and creates a process through which courts can overturn convictions for crimes the victim committed while under trafficking coercion or exploitation.

Why is this important

Human trafficking survivors often have criminal records from offenses committed under traffickers' control—including prostitution, theft, or drug charges—which create barriers to employment, housing, and reintegration. Vacatur provisions recognize that trafficking victims were not operating with full agency and help remove collateral consequences that perpetuate victimization. This aligns with a growing national recognition that criminalization of trafficking victims compounds their harm.

Potential points of contention

  • Evidentiary burden: Questions about what standard of proof is required to establish trafficking and the victim's lack of culpability—too lenient may concern crime victims' advocates; too stringent may defeat the bill's purpose
  • Retroactive application scope: Unclear whether the bill applies only to future convictions or existing convictions dating back years, affecting potential caseload and fiscal costs
  • Judicial discretion vs. mandatory relief: Whether courts have discretion to deny vacatur or must grant it upon meeting statutory criteria, balancing victim advocacy with judicial oversight

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

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