By: Jenna Stanton
When I applied for the Human Trafficking Clinic at Regent University School of Law, I knew I would be navigating complex legal situations, but I did not anticipate how restorative the journey would be for a survivor. From the beginning of the Fall semester, I began navigating Virginia’s vacatur law—a legal process designed to lift the weight of past criminal records from those whose conduct was a direct result of being trafficked. To secure vacatur, the petitioner must prove that they were a victim of human trafficking at the time of a qualifying offense, and that their status as a victim was the cause, or “proximate cause,” of the criminal offense.
During this journey, I worked alongside a survivor to file a petition for a writ of vacatur to clear a felony charge from her record. When the Commonwealth requested a hearing to examine the “proximate cause” of the offense, we initially braced for a contested battle. However, we soon discovered that this “adversity” was actually a doorway to progress. Because this was the first time this particular court had handled a vacatur hearing (and only the ninth heard in Virginia), the hearing served as an opportunity to educate the bench on this new, life-changing law.
On the day of the hearing, I stood as student counsel using my third-year practice certificate. What could have been a daunting experience was instead a powerful moment of validation. The Commonwealth was cooperative and respectful, and the judge maintained a trauma-informed tone, ensuring the courtroom felt safe and supportive for the client. Ultimately, the judge granted the petition, vacating the survivor’s felony record entirely, and apologized to our client for the mistreatment she had endured, both from her trafficker and from a legal system that had previously failed to recognize her as a victim.
Seeing the entire process of vacatur and restoration was invaluable. However, the work did not stop there. Through the clinic, I also had the opportunity to travel to Richmond to lobby for the expansion of Virginia’s vacatur laws with Virginia Coalition Against Human Trafficking (VCAHT). There, we met with several legislators who were receptive and supportive of expanding the law. It was deeply rewarding to see this advocacy bear fruit.
Passed unanimously and signed by Governor Spanberger, the expanded statute (VA Code § 19.2-327.15) now allows survivors to vacate any non-violent felony record. It also creates a rebuttable presumption of proximate cause, meaning that official documentation of survivor status is enough for the law to assume that the victimization caused the criminal conduct, rather than requiring the survivor to prove it. This change not only expands eligible charges but also streamlines the process, making it more efficient and less burdensome for survivors.
Overall, I learned that securing vacatur is about more than just clearing a record; it is about the law finally acknowledging the truth of a survivor’s story and allowing them to move forward. It was an honor to witness this survivor’s story unfold from filing to freedom, proving that the legal system can be, and should be, a place of restoration rather than re-traumatization.
This post was written by a student at Regent University School of Law. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.