(a) (1) In this section the following words have the meanings indicated.

(2) “Qualifying offense” means:

(i) unnatural or perverted sexual practice under § 3-322 of the Criminal Law Article;

(ii) possessing or administering a controlled dangerous substance under § 5-601 of the Criminal Law Article;

(iii) possessing or purchasing a noncontrolled substance under § 5-618 of the Criminal Law Article;

(iv) possessing or distributing controlled paraphernalia under § 5-620(a)(2) of the Criminal Law Article;

(v) fourth-degree burglary under § 6-205 of the Criminal Law Article;

(vi) malicious destruction of property in the lesser degree under § 6-301(c) of the Criminal Law Article;

(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article;

(viii) misdemeanor theft under § 7-104 of the Criminal Law Article;

(ix) misdemeanor obtaining property or services by bad check under § 8-103 of the Criminal Law Article;

(x) possession or use of a fraudulent government identification document under § 8-303 of the Criminal Law Article;

(xi) public assistance fraud under § 8-503 of the Criminal Law Article;

(xii) false statement to a law enforcement officer or public official under § 9-501, § 9-502, or § 9-503 of the Criminal Law Article;

(xiii) disturbing the public peace and disorderly conduct under § 10-201 of the Criminal Law Article;

(xiv) indecent exposure under § 11-107 of the Criminal Law Article;

(xv) prostitution under § 11-303 of the Criminal Law Article;

(xvi) driving with a suspended registration under § 13-401(h) of the Transportation Article;

(xvii) failure to display registration under § 13-409(b) of the Transportation Article;

(xviii) driving without a license under § 16-101 of the Transportation Article;

(xix) failure to display license to police under § 16-112(c) of the Transportation Article;

(xx) possession of a suspended license under § 16-301(j) of the Transportation Article;

(xxi) driving while privilege is canceled, suspended, refused, or revoked under § 16-303 of the Transportation Article;

(xxii) owner failure to maintain security on a vehicle under § 17-104(b) of the Transportation Article;

(xxiii) driving while uninsured under § 17-107 of the Transportation Article; or

(xxiv) prostitution or loitering as prohibited under local law.

(3) “Victim of human trafficking” means a person who has been subjected to an act of another committed in violation of:

(i) Title 3, Subtitle 11 of the Criminal Law Article; or

(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code.

(b) A person convicted of a qualifying offense may file a motion to vacate the judgment if the person’s participation in the offense was a direct result of being a victim of human trafficking.

(c) A motion filed under this section shall:

(1) be in writing;

(2) be made within a reasonable period of time after the conviction;

(3) describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section;

(4) be served on the State’s Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and

(5) if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim’s representative at the victim’s or victim’s representative’s last known address.

(d) (1) The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking.

(2) When making a finding under this subsection, the court shall consider:

(i) the length of time between the offense and the trafficking of the movant;

(ii) the dynamics of the relationship between the movant and the person committing trafficking against the movant; and

(iii) any other relevant evidence.

(e) The court may grant a motion filed under this section without a hearing if:

(1) the State’s Attorney consents to the motion;

(2) no objection to the relief requested has been filed by a victim or victim’s representative; and

(3) at least 60 days have elapsed since notice and service under subsection (c) of this section.

(f) The court may dismiss a motion filed under this section without a hearing if the court finds that:

(1) the motion fails to assert grounds on which relief may be granted;

(2) the motion offers no additional evidence beyond that which has previously been considered by the court; or

(3) the movant acted fraudulently or in bad faith in filing the motion.

(g) (1) If a court grants a motion filed under this section, the court shall vacate the conviction.

(2) The court shall state the reasons for its ruling on the record.

(h) A movant in a proceeding under this section has the burden of proof.

(i) A conviction that has been vacated under this section may not be considered a conviction for any purpose.