Trafficking Survivors Relief Act of 2025
Trafficking Survivors Relief Act of 2025 creates a federal path for survivors of human trafficking to seek post-conviction relief for certain crimes they committed as a direct result of their trafficking, and to have related arrests expunged from federal records. It adds a new section (3771A) allowing eligible individuals who were convicted of non-violent level A offenses or arrested for level A offenses (and certain level B offenses) to move the court to vacate or expunge, respectively, with a focus on cases tied to trafficking coercion. The bill also authorizes a new human-trafficking-based duress defense (Sec. 28) in federal cases, provides for sealing of these proceedings to protect survivors’ identities, and directs reporting and oversight to monitor implementation, training, and impact. Overall, it aims to reduce the long-term criminal-justice consequences faced by trafficking survivors and to enhance accountability and support for post-conviction relief.
Key Points
- 1Establishes a new federal mechanism (18 U.S.C. § 3771A) for vacating certain level A convictions and expunging arrests tied to being a trafficking survivor, with specific criteria and procedures.
- 2Defines key terms (e.g., level A offense = non-violent Federal offense; level B offense = violent offense excluding crimes where a child was a trafficking victim) and sets the eligibility standard that the offense was a direct result of the movant being a trafficking victim.
- 3Provides procedural rules for motions to vacate or expunge, including required contents, mandatory or discretionary hearings, a preponderance-of-the-evidence standard, and specified factors the court must weigh (including the direct link to trafficking and the movant’s status).
- 4Specifies that the court may vacate level A convictions, set aside verdicts, and order expungement of related arrest records; for level B arrests, relief is available under certain conditions (e.g., acquittal, charges dismissed, or downshifting to level A with related outcomes).
- 5Requires confidentiality and sealings for motions and related records, prohibits charging filing or processing fees for motions, and allows post-conviction relief to be pursued even if the movant did not previously raise a trafficking-based defense.
- 6Adds a new duress defense for victims of trafficking in federal offenses (Sec. 28), allowing a defendant to show they committed a covered offense while under duress due to trafficking, and requires related records to be sealed during proceedings until conviction.
- 7Requires reporting and oversight: US Attorneys must report on motions and outcomes; DOJ must report on trafficking-indicator training; GAO must assess impact, usage, and recommendations within specified timeframes.
- 8Ensures funding flexibility by allowing post-conviction relief representation under existing OJP or OVW grants and clarifies the act’s alignment with crime victims’ rights protections.