Federal Bill Creates Legal Pathway for Trafficking Survivors to Clear Criminal Records and Reduce Prison Sentences

The Trafficking Survivors Relief Act is designed to give victims of human trafficking a way out of the criminal records and prison sentences they incurred while under duress. This new federal law creates a specific legal process for survivors to clear certain federal convictions and arrests if the crime was a direct result of their victimization, and it establishes a new legal defense they can use in court.

The Legal Lifeline for Survivors

For anyone whose life was derailed by a federal conviction or arrest tied to their exploitation, this bill provides a crucial mechanism for relief. Under the new section 3771A, a survivor can file a motion to vacate a conviction (wipe it out) for a "level A offense"—a non-violent federal crime—if they can prove the offense was committed because they were being trafficked. They can also seek to expunge arrest records for these non-violent crimes, essentially making the arrest legally disappear. This is huge for job applications, housing, and general life stability, which often hinge on a clean record.

What’s interesting is how the court decides. The bill allows the court to consider an affidavit or sworn testimony from an anti-human trafficking service provider or clinician. Critically, this testimony alone can be enough evidence if the court finds it credible and no other evidence is readily available. This recognizes the reality that trafficking victims often lack traditional documentation and may be hesitant to engage with law enforcement. However, if the motion is granted, the court is not required to remove any existing fines or restitution orders. While the conviction is gone, the financial burden might still stick around, which could be a significant hurdle for survivors trying to rebuild their lives.

Clearing Violent Offenses and Reducing Sentences

The bill also addresses "level B offenses"—federal violent crimes, excluding those where a child was the victim. Clearing arrests for these crimes is much tougher, requiring the survivor to have been acquitted, had charges dismissed, or had the charges reduced and ultimately cleared. This procedural complexity reflects the seriousness of violent crime while still offering a narrow path for relief in cases where the survivor was clearly exonerated or the charges were dropped.

For survivors currently serving time, the bill offers a pathway for relief, too. If an individual is a "covered prisoner" (convicted of a level A or B offense and currently or previously imprisoned), they can ask the sentencing court to reduce their prison term. The court must find, by a preponderance of the evidence, that the offense was committed as a direct result of being a trafficking victim. This provision acknowledges that a sentence handed down years ago may not have fully accounted for the coercive environment created by human trafficking.

A New Duress Defense in Court

Beyond clearing old records, the bill establishes a new human trafficking defense for certain federal crimes. This allows defendants charged with covered offenses (level A or B) to argue they acted under duress because they were a victim of trafficking at the time of the crime. This formal defense is a significant legal tool, recognizing the reality that victims are often forced or coerced into illegal activity. To protect the victim’s privacy, any records related to this defense must be filed under seal upon request until a conviction is entered.

To ensure this relief is accessible, the bill explicitly prohibits charging filing or processing fees for these motions. Furthermore, it mandates that all motions and related documents must be filed under seal, protecting the movant’s confidentiality—a critical safeguard for survivors. The law also ensures that federal grants can be used to fund legal representation for survivors navigating these complex post-conviction procedures, recognizing that survivors need sophisticated legal help to make these processes work.