Trafficking Survivors Relief Act

The law adds a new section to the federal criminal code allowing people convicted of, or arrested for, certain federal offenses to move to vacate the conviction or expunge the arrest record if the offense was a direct result of their being a trafficking victim. Courts decide by a preponderance of the evidence, with hearings, no filing fees, and proceedings kept under seal to protect the movant's identity. It also lets courts reduce sentences for such offenses as a mitigating factor, and creates a separate duress defense allowing defendants to argue they committed a federal offense because they were trafficking victims. The law also requires U.S. Attorneys to report annually on motions filed, requires the Attorney General to report to Congress on human-trafficking training for prosecutors, and requires GAO to assess the process's impact after three years. It allows certain Justice Department grants for legal representation to also cover post-conviction relief work, but excludes violent offenses against children from relief and does not erase any fines or restitution owed.

Trafficking survivors with federal convictions or arrests stemming from their victimization, federal courts and U.S. Attorneys' offices that must process and report on these motions, the Department of Justice and Comptroller General, and legal aid organizations receiving Office of Justice Programs or Office on Violence Against Women grants.

Survivors who were coerced into crimes by traffickers gain a concrete legal path to clear their records or reduce sentences, potentially restoring access to jobs, housing, and benefits tied to a clean record. Prosecutors and courts face new procedural obligations, while Congress gains data through mandated reports to evaluate whether the relief process is reaching survivors.

Trafficking survivors or their attorneys file written motions in the sentencing or arresting court, supported by evidence such as sworn testimony from anti-trafficking service providers, which alone can suffice if credible and no other evidence is available. The government can oppose within 30 days, triggering a mandatory hearing; otherwise a discretionary hearing may occur within 45 days. Courts must state reasons for denials in writing and allow correction of curable defects. Granted motions trigger automatic expungement orders and, for convictions, judgments of acquittal, without affecting fines or restitution. U.S. Attorneys report annually to DOJ, DOJ reports to Congress on training, and GAO reports to Congress after three years on the process's overall impact and recommendations.