revised rule 3:21-11. Motion to Vacate Certain Convictions [new]
(a) Motion for Relief. In accordance with the time frame in paragraph (b) of this rule, a
person convicted of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance may file a motion with the Superior Court in the county where the conviction occurred, to vacate the conviction and contemporaneously expunge any reference to the person's arrest, conviction, and any proceeding for prostitution, when the person's participation in the offense was a result of having been a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14).
(b) Time. Following the entry of a judgment of conviction, a motion shall be made and heard within a reasonable time after the applicant has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the applicant, family members of the applicant, or other victims of human trafficking that may be jeopardized by the bringing of the motion, or for other reasons consistent with this rule.
(c) Notice. The notice of motion, together with a copy of all supporting documents, shall be served by certified or registered mail, return receipt requested, upon the Attorney General; the county prosecutor of the county where the court is located; the Superintendent of State Police; the chief of police or other executive head of the police department of the municipality where the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State that participated in the arrest of the applicant; the superintendent or warden of any institution in which the applicant was confined; and, if a disposition was made in municipal
person convicted of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance may file a motion with the Superior Court in the county where the conviction occurred, to vacate the conviction and contemporaneously expunge any reference to the person's arrest, conviction, and any proceeding for prostitution, when the person's participation in the offense was a result of having been a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14).
(b) Time. Following the entry of a judgment of conviction, a motion shall be made and heard within a reasonable time after the applicant has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the applicant, family members of the applicant, or other victims of human trafficking that may be jeopardized by the bringing of the motion, or for other reasons consistent with this rule.
(c) Notice. The notice of motion, together with a copy of all supporting documents, shall be served by certified or registered mail, return receipt requested, upon the Attorney General; the county prosecutor of the county where the court is located; the Superintendent of State Police; the chief of police or other executive head of the police department of the municipality where the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State that participated in the arrest of the applicant; the superintendent or warden of any institution in which the applicant was confined; and, if a disposition was made in municipal
- 35 -
court, upon the judge of that court. A noticed party may make an appearance or file a
submission responding to the motion.
(d) Contents of Motion; Certification; Procedure.
(1) Contents of Motion. The motion shall set forth the following information: a
notice of motion; the movant’s certification setting forth the claim, along with a description of all of the evidence included; the movant’s certification of victimization; packet of evidence documenting the applicant’s status as a victim of human trafficking at the time of the offense; the date, docket number, and content of the complaint, indictment or accusation upon which the conviction was based and the county where filed; the date and content of the sentence or judgment complained of and the name of the presiding judge; consent to vacate the conviction and expunge any reference to the applicant’s arrest, conviction, and any proceeding for prostitution from the prosecutor where the offense occurred, if such consent has been obtained; form of order to vacate the conviction and expunge records; and proof of service upon the parties. Evidence documenting the applicant’s status as a victim of human trafficking at the time of the offense may include, but not be limited to:
(A) certified records of federal or State court proceedings which demonstrate that the applicant was a victim of a trafficker charged with a human trafficking offense under N.J.S.A. 2C:13-8 or chapter 77 of Title 18 of the United States Code;
(B) certified records of approval notices or law enforcement certifications generated from a federal immigration proceeding available to victims of human trafficking;
(C) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a health care or other
(d) Contents of Motion; Certification; Procedure.
(1) Contents of Motion. The motion shall set forth the following information: a
notice of motion; the movant’s certification setting forth the claim, along with a description of all of the evidence included; the movant’s certification of victimization; packet of evidence documenting the applicant’s status as a victim of human trafficking at the time of the offense; the date, docket number, and content of the complaint, indictment or accusation upon which the conviction was based and the county where filed; the date and content of the sentence or judgment complained of and the name of the presiding judge; consent to vacate the conviction and expunge any reference to the applicant’s arrest, conviction, and any proceeding for prostitution from the prosecutor where the offense occurred, if such consent has been obtained; form of order to vacate the conviction and expunge records; and proof of service upon the parties. Evidence documenting the applicant’s status as a victim of human trafficking at the time of the offense may include, but not be limited to:
(A) certified records of federal or State court proceedings which demonstrate that the applicant was a victim of a trafficker charged with a human trafficking offense under N.J.S.A. 2C:13-8 or chapter 77 of Title 18 of the United States Code;
(B) certified records of approval notices or law enforcement certifications generated from a federal immigration proceeding available to victims of human trafficking;
(C) testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a health care or other
- 36 -
professional from whom the applicant has sought assistance in addressing the trauma associated
with being a victim of human trafficking; or
(D) any other evidence that the court deems appropriate.
(2) Certification; Hearing. Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4-4 and based upon personal knowledge of the declarant. A hearing need not be conducted on the motion, unless the court, after review of the material submitted, concludes that a hearing is required in the interest of justice.
(e) Order. The court may vacate a conviction pursuant to this rule upon a finding by a preponderance of the evidence that the applicant was a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14) at the time of the offense, and that the violation was a result of the applicant having been a victim of human trafficking. If the court finds that the applicant was a victim of human trafficking it shall enter an order vacating the conviction and directing that all court records be revised accordingly, and requiring that any court, law enforcement, correctional agencies, and other parties noticed pursuant to this rule expunge all references to the applicant's arrest, conviction, and related proceedings for the violation of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance from all records in their custody that relate to the vacated conviction.
(f) Expungement. Nothing herein shall prohibit a person from seeking an expungement pursuant to N.J.S.A. 2C:52-1 to -32.
Note: Adopted July 27, 2015 to be effective September 1, 2015.
(D) any other evidence that the court deems appropriate.
(2) Certification; Hearing. Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4-4 and based upon personal knowledge of the declarant. A hearing need not be conducted on the motion, unless the court, after review of the material submitted, concludes that a hearing is required in the interest of justice.
(e) Order. The court may vacate a conviction pursuant to this rule upon a finding by a preponderance of the evidence that the applicant was a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14) at the time of the offense, and that the violation was a result of the applicant having been a victim of human trafficking. If the court finds that the applicant was a victim of human trafficking it shall enter an order vacating the conviction and directing that all court records be revised accordingly, and requiring that any court, law enforcement, correctional agencies, and other parties noticed pursuant to this rule expunge all references to the applicant's arrest, conviction, and related proceedings for the violation of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance from all records in their custody that relate to the vacated conviction.
(f) Expungement. Nothing herein shall prohibit a person from seeking an expungement pursuant to N.J.S.A. 2C:52-1 to -32.
Note: Adopted July 27, 2015 to be effective September 1, 2015.
