Trafficking Survivors Relief Act of 2025: New Bill Could Wipe Criminal Records for Victims

The Trafficking Survivors Relief Act of 2025, just introduced, offers a potential lifeline for survivors of human trafficking saddled with criminal records. The core of the bill is simple: if someone was forced into committing certain non-violent federal crimes (classified as "level A" offenses, think things like minor theft or certain drug offenses) because they were being trafficked, they can now ask a court to wipe that conviction off their record. And if they were arrested but not convicted of a level A or C offense due to their trafficking situation, they can request to have the arrest record expunged entirely.

Cleaning the Slate

This bill acknowledges that traffickers often force their victims into illegal activities. Section 2 of the bill lays out the process: victims can file a motion with the court, providing evidence like police reports, medical records, or even sworn statements from anti-trafficking service providers (section 3771A(c)(3)). Importantly, it doesn't matter if the trafficker was ever caught or convicted – the focus is on the victim's situation (section 3771A(d)). If the court agrees the crime was a direct result of being trafficked, the conviction is vacated, the verdict set aside, and it's legally as if it never happened (section 3771A(g)). The same goes for expunging arrests (section 3771A(h)).

Real-World Impact

Imagine a young woman forced into shoplifting by her trafficker. She gets caught, convicted, and serves time. Even after escaping, that conviction follows her – making it hard to get a job, rent an apartment, or even qualify for certain educational programs. This bill offers a chance to remove that barrier. Or consider someone arrested for a minor offense, but the charges were dropped. That arrest record can still show up on background checks. This bill allows for that to be erased, too. The bill even allows for reduced sentences for those currently serving time for level A or B offenses committed as a result of trafficking (section 3771A(j)). All motions and related documents are filed under seal, meaning they are kept private to protect the survivor's confidentiality (section 3771A(m)).

Looking Ahead

The bill also requires tracking. Within a year, U.S. Attorneys have to report how many of these motions are filed, what the outcomes are, and what training they've received on identifying human trafficking (Section 3). This data will help assess the bill's effectiveness and identify areas for improvement. Plus, grants from the Office of Justice Programs or the Office on Violence Against Women can now be used to help survivors with the legal costs of getting their records cleared (Section 4). Finally, Section 6 introduces a 'human trafficking defense.' Basically, if someone can prove they were a trafficking victim when committing a covered offense, it's presumed they were acting under duress. This is a big deal because it shifts the burden of proof, making it easier for victims to defend themselves. It's important to note that this act doesn't take away any rights already granted to crime victims (section 7). This bill is a step towards recognizing the complex realities faced by trafficking survivors and helping them rebuild their lives, free from the stigma of a criminal record they never should have had.