Trafficking Survivors Could Clear Federal Records, Reduce Sentences Under New Relief Act

If you’ve ever had to deal with a background check for a job or an apartment, you know how much a criminal record can close doors. Now, imagine that record is for a crime you were forced to commit while you were a victim of human trafficking. The Trafficking Survivors Relief Act aims to fix that exact problem at the federal level.

This bill establishes a new process for survivors of human trafficking to clear their federal criminal records. Specifically, it allows a person to file a motion with a court to vacate a conviction for a Level A offense (non-violent federal crimes) or expunge an arrest for a Level A offense, provided the crime or arrest was a direct result of being trafficked. For current prisoners, the bill also allows the sentencing court to reduce a term of imprisonment for both Level A and Level B (violent) offenses if the crime was committed as a direct result of being trafficked (SEC. 2).

The Legal Clean Slate: Vacating and Expunging Records

This is where the rubber meets the road for survivors trying to rebuild their lives. If a survivor was arrested for, say, a drug offense (Level A) while being coerced by their trafficker, they can now petition the court to have that record wiped clean. If the motion is granted, the conviction is vacated, the verdict is set aside, and the court issues an expungement order. Critically, the law states that once vacated, the conviction is not considered a conviction under federal law, essentially restoring the person’s legal status to what it was before the arrest (SEC. 2).

The bill makes it easier for survivors to prove their case by requiring the court to consider sworn testimony or an affidavit from an anti-human trafficking service provider or clinician. This testimony alone can be sufficient evidence if the court finds it credible and no other evidence is readily available. This is a huge deal, as it recognizes that survivors often lack traditional evidence and relies on expert testimony instead of requiring a conviction of the trafficker (SEC. 2).

The Catch: Violent Offenses and Financial Obligations

While the bill is comprehensive, it gets complicated when dealing with Level B offenses (violent crimes that did not victimize a child). You can only get an arrest for a Level B offense expunged if you were acquitted, the charges were dismissed, or the charges were reduced to a Level A offense that was later cleared. If you were actually convicted of a Level B offense, you can only seek a sentence reduction—not a full vacatur or expungement (SEC. 2).

There’s also a practical catch: even if the court vacates a conviction, it is not required to amend or remove any outstanding fine or restitution order. Imagine finally clearing your name only to still be on the hook for thousands of dollars in debt related to the crime you were forced to commit. That financial burden could still be a major barrier to a fresh start (SEC. 2).

New Defense Against Prosecution

Beyond clearing old records, the bill also creates a new human trafficking defense for covered federal offenses. This means if someone is being prosecuted for a crime, they can raise a duress defense by showing they were a victim of trafficking at the time they committed the offense. This is a proactive measure that could prevent survivors from being criminalized in the first place. Plus, the bill ensures that if this defense is raised, the related court documents must be filed under seal to protect the survivor’s privacy (SEC. 6).

To ensure this law actually works, the bill requires the Justice Department and the Government Accountability Office (GAO) to report back on how many motions are filed, how many are granted, and what needs to be improved to increase survivor access to this relief. This built-in reporting mechanism should help track the real-world impact of the law (SEC. 3).