Supporting Criminal Record Relief for Sex Workers in NY
February 24, 2026
Memorandum of Support: A.588 (Paulin) / Senate Sponsor Pending
An act to amend the criminal procedure law, in relation to the former crime of loitering for the purpose of engaging in a prostitution offense and expunging criminal records for persons previously convicted of such crime.
Woodhull Freedom Foundation supports A.588 (Paulin) / (Senate sponsor pending), legislation that allows for comprehensive record relief for individuals convicted of the former crime of loitering for the purpose of engaging in a prostitution offense. Specifically, this legislation mandates that prior convictions are vacated and dismissed, and all records relating therein are expunged. All records must be expunged promptly, no later than one year after this law would take effect.
In 2021, loitering for the purpose of engaging in a prostitution offense was repealed from New York’s Penal Law after it was acknowledged that such a law was discriminatory against transgender individuals. The law, known as the “walking while trans” repeal, ensured that no future charges could be brought pursuant to PL § 240.37 and that prior convictions could be sealed, but not expunged, which is a more comprehensive form of record relief. This legislation addresses the collateral consequences of conviction, and ensures that all measures are taken to allow people to move forward unencumbered by their prior criminal history, especially since loitering for prostitution is no longer a crime.
Furthermore, this legislation directs the chief administrator of the courts to promptly notify all relevant bodies, such as the commissioner of the division of criminal justice services and the heads of all police departments, district attorneys offices, and other law enforcement agencies that the convictions have been vacated and dismissed. Files thereafter must be conspicuously marked as expunged.
This legislation also makes clear that other remedies related to record relief are not precluded; for example, survivors of trafficking may still pursue a 440 vacatur if their prior conviction arose as a result of being trafficked. This allows choice for victims and lawyers in pursuing any and all remedies. Lastly, the office of court administration, in conjunction with the division of criminal justice services, shall develop an affirmative information campaign and widely disseminate to the public so that all eligible persons and their attorneys are aware of this remedy.
We strongly support A.588 and urge its enactment