A Bergen County judge in New Jersey vacated and expunged the criminal conviction of a Rutgers Law International Human Rights Clinic (IHRC) client* who was sex trafficked for over five years.
The client was fraudulently recruited into sex trafficking when she was 19 then sold to another trafficker. She was sex trafficked in New York and New Jersey and was made to commit serious crimes by her trafficker. The client was arrested and convicted for one of those serious crimes resulting in six years in prison. Using a law that the Clinic helped write, IHRC Director Penny Venetis and Clinic students were able to show that the client was forced to commit this crime by her trafficker.
Briana Alarcon ’27, now an IRHC research assistant, was in court for the June 22 decision. She said, "This moment reflects the progress New Jersey has made in supporting survivors of human trafficking and affirms that every survivor deserves a path forward. The International Human Rights Clinic’s work to help introduce and pass this legislation in 2022 made this outcome possible. My hope is that this spreads awareness among survivors and the legal community so that more people can meaningfully access the protections the law provides."
As a human trafficking victim, the client would have been killed if she did not comply with her trafficker's commands. Among the ways her trafficker kept the client under his total control was by rape, repeated pregnancies, forcibly giving addictive drugs, severe beatings, and the murder of her close friend to show her what would happen if she did not obey his orders.
“This case was one of the toughest that the IHR Clinic ever handled, given the seriousness of the crime for which the client was convicted,” said Professor Venetis. “It was also difficult to unravel the facts surrounding our client's trafficking, given the severity and extent of the abuse our client suffered.” She added that it took several months of hard work and trust to gather the details needed to show the full extent of the client’s torture by the trafficker and his associates.
Through written submissions and in-person meetings, the Clinic convinced the New Jersey Attorney General's office and the Bergen County Prosecutor's Office that the client was a sex trafficking survivor. Those offices ultimately joined the Clinic’s motion to have her conviction erased.
“This was an intense case involving extraordinary courage and persistence,” said Rutgers Law Dean Johanna Bond. “The outcome is a tremendous victory for the client who endured so much and for our students. This unparalleled learning experience immersed them in complex, high-stakes advocacy and demonstrated the power of client-centered lawyering. Deeply aligned with our Strategic Plan, it is also a powerful example of the life-changing work of Rutgers Law clinics where legal education and public service intersect to advance justice."
Eight Clinic students worked on the case including Nikhita Azad ’26. She said, “Human trafficking does not end when the trafficking itself ends. Survivors often carry its effects with them for years after, including criminal convictions that resulted from circumstances beyond their control. Through the International Human Rights Clinic, we had the privilege of hearing our client’s story, gaining a deeper understanding of the devastating impact of human and sex trafficking, and advocating alongside them using a trauma-informed approach. Assisting our client in obtaining an expungement while connecting them with resources and support throughout the legal process was a powerful reminder that legal advocacy is not only about addressing past harms, rather it is also about restoring our client’s dignity by creating an opportunity for a fresh start, and empowering survivors to reclaim control over their lives.”
The vacatur/expungement means that the client no longer has a criminal record as if she never committed crime. She will no longer face impediments to gaining access to housing or employment because her criminal record no longer exists.
Clinic student Taylen Graber ’27 said, “During my semester at the International Human Rights Clinic, I gained a deeper appreciation for how significant post-conviction relief is for survivors of human trafficking. Vacating and expunging these convictions remove a barrier that would otherwise affect a survivor’s ability to move forward in most aspects of life. I am grateful for the opportunity to have contributed to this outcome, and I hope that the clinic continues to make a difference in its clients’ lives.”
IHRC students are engaged in all levels of advocacy from interviewing clients, drafting court pleadings, and engaging in the discovery process to writing briefs, oral advocacy, and trial work. The Clinic is a pioneer in using international human rights law in courts throughout the United States. It is one of the first law school clinics in the world to focus on international human rights. Students enrolled in the Clinic challenge and change unjust laws by representing individuals whose rights have been violated, and through the legislative process.
*Name withheld for safety