New Federal Law Creates Clear Path for Human Trafficking Survivors to Clear Criminal Records

The Trafficking Survivors Relief Act of 2025 sets up a critical new process in federal court: it allows people who were victims of human trafficking to get their criminal convictions vacated (canceled) or their arrest records expunged (erased) if those crimes were committed because they were being trafficked. This isn't just a suggestion; it’s a detailed mechanism (Sec. 2) that says if you were forced to commit a federal crime—like drug offenses or fraud—as a direct result of being trafficked, you can go back to the court that sentenced you and ask them to wipe the slate clean.

The Legal Lifeline: Clearing the Record

For the busy person, this means removing a massive barrier to employment, housing, and education. If you have a federal conviction for a "Level A offense" (non-violent federal crimes), you can file a motion to have the conviction canceled if you prove it was directly caused by your trafficking victimization. If you were only arrested for that non-violent crime, you can ask for the arrest record to be expunged. The law sets a low bar for proof—a "preponderance of the evidence," meaning it’s more likely than not that the trafficking caused the crime. Crucially, the court can accept sworn testimony from an anti-human trafficking service provider or clinician as sufficient evidence, which makes the process much more accessible for survivors who might not have traditional legal documentation.

What about more serious crimes? If the crime was a "Level B offense" (a violent crime, but not against a child), the process is much tougher. You can only get the arrest record expunged if the charges were dropped, you were acquitted, or the charges were reduced to a Level A offense and then dropped or acquitted. This restriction means that survivors coerced into more severe violence will have a much harder time getting relief, which is a significant limitation.

A New Defense in Court and Relief for Current Prisoners

This Act also changes how federal crimes are prosecuted going forward. It establishes a specific "human trafficking defense" (Sec. 6), allowing a defendant to argue that they committed the crime under duress because they were being trafficked. This is a game-changer because it formalizes the defense and ensures that the court must consider the coercion involved. To protect the survivor's privacy, any court records related to this defense must be kept sealed until the case reaches a final conviction.

For people currently sitting in federal prison for a Level A or Level B offense, the law offers a chance at sentence reduction (Sec. 2). If the court finds you committed the crime because you were a victim of trafficking, the judge may reduce your sentence. This is discretionary, meaning the judge isn't required to reduce the sentence, but it opens the door for justice for those who were essentially criminalized for being victims.

Tracking the Impact and Funding the Fight

To ensure this isn't just paper policy, the Act requires serious government oversight. U.S. Attorney's offices must report annually on how many vacatur and expungement motions they receive and how the courts rule on them (Sec. 3). Even better, the Government Accountability Office (GAO) has to conduct a thorough review within three years to assess the effectiveness of the new relief process and suggest ways to make it even easier for survivors to clear their records. This mandated transparency means the government will be held accountable for actually implementing the law.

Finally, the Act ensures that legal aid organizations can actually use federal grant money to represent survivors in these post-conviction relief cases (Sec. 4). If a grant is meant for legal help, it can't restrict the use of funds for clearing old convictions. This is a crucial, practical detail that ensures survivors can afford to access the legal pathways this new law provides, making the promise of relief a reality rather than just a theoretical right.