START Act

In 2010, New York became the first state to pass a historic law enabling survivors of sex trafficking to vacate prostitution-related convictions. Unfortunately, this law neglects the various other illegal activities that traffickers often force their victims to commit, such as drug possession, trespassing, unauthorized street vending, and possession of a weapon.

The current law does not reflect the reality of trafficking. Passage of the START Act would help to decriminalize and destigmatize survivors of human trafficking.

The Survivors of Trafficking Attaining Relief Together (START) Act would expand relief to trafficking survivors who have criminal records relating to a broader range of crimes they were compelled to commit as a result of their exploitation. Currently, New York State only permits the vacatur (or clearance) of prostitution-related charges. This leaves countless trafficking survivors with criminal records that can effectively bar them from employment, education, financial resources, and housing.

For non-citizen survivors of human trafficking, criminal convictions can also have a devastating impact on an individual’s immigration status or ability to obtain immigration relief and may put them at greater risk of deportation. Passage of the START Act would break down barriers that prevent immigrant survivors of trafficking from achieving safety and stability.

New York can set the benchmark for other states by expanding relief for human trafficking survivors with criminal records to include all convictions resulting from exploitation. All of these changes proposed by the START Act would allow survivors of human trafficking to regain control of their lives, unrestricted by criminal records and free from exploitation.

Call your State Senator and ask them to support the START Act (S. 674)

Hello, my name is _______________ and I am calling to urge you to support the “Survivors of Trafficking Attaining Relief Act” as a soon as possible. Human trafficking survivors deserve a fresh start in their lives, free from criminal records that were a result of their exploitation. Will you commit to voting YES on bill S.674?

Contact your State Senator

In 2018, human trafficking cases increased 25% from the previous year with 23,078 survivors identified.

In 2016, 61% of New York City vacatur relief clients reported challenges with gaining and keeping employment due to their criminal records.

The passing of START Act would take New York’s conviction relief score from a “D” to an “A”, making it the leading state in criminal record relief for trafficking survivors.

WHAT YOU NEED TO KNOW

NY State Senate Bill S.674, also known as the Survivors of Trafficking Attaining Relief Together (START) Act, would amend the criminal procedure law in relation to vacating convictions for offenses related to human trafficking and compelled prostitution.

If enacted, the START Act would:

Strengthen the protection of human trafficking survivors by vacating convictions for offenses that may have occurred during trafficking and were a result of exploitation.
Keep all documentation relevant to the survivor’s status as a victim of trafficking confidential and not made available to any person or public or private entity unless specifically authorized by the court.
Consolidate cases into one proceeding to vacate convictions imposed by distinct or multiple courts.

Survivor-defendants must meet the following criteria in order to be eligible for conviction clearance under the START Act:

The defendant must have been a victim of human trafficking at the time of the offense.
The defendant must provide documentation of their status as a victim of trafficking at the time of the offense from a federal, state or local government agency.

Learn more about how Sanctuary is helping human trafficking survivors.

Read about our current initiatives

UNDERSTANDING THE IMPACT

There is currently no nationwide data available on the number of trafficking survivors who have a criminal record as a result of their victimization and exploitation. Victims are often arrested, detained, convicted, and sometimes deported without being recognized by the legal justice system as a victim.

In a 2016 survey, the National Survivor Network reported that 91% of 130 trafficking survivors reported being arrested.

More than half of the respondents believed 100% their arrests or charges were directly related to their trafficking experience.

HOW YOU CAN HELP

We need your support to push S. 674 through the Senate. Tell the NYS Senate to amend the Criminal Procedure Law to grant survivors relief of convictions for crimes they committed as a result of being trafficked.

Contact your State Senator

GET THE WORD OUT

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Trafficking survivors are often arrested and convicted without being recognized as victims. Support bills S.674 for #SurvivorRelief

I told the NY State Legislature to #ExpandSurvivorRelief with the #STARTact. Join me and @SFFNY

In 2018, there were 10,949 human trafficking cases identified. I support Bills S.674 to #ExpandSurvivorRelief #STARTact

@NYSenate @NYSA_Majority I support S.674. Pass the bill to #ExpandSurvivorRelief #STARTact