Trafficking Survivors Relief Act
The Trafficking Survivors Relief Act of 2025 creates a new federal pathway for victims of human trafficking to clear their criminal records when their offenses were a direct result of or connected to their trafficking experience. It adds a new mechanism (18 U.S.C. § 3771A) to vacate convictions for certain nonviolent offenses (Level A) and expunge arrests for certain offenses (Level A and Level B) if the conduct was tied to being a trafficking victim. The bill also adds a duress or trafficking-victim defense (Sec. 28) to federal prosecutions for these offenses, with records related to the defense kept under seal. In addition, the act includes reporting requirements, funding flexibility for post-conviction legal representation, and various technical amendments to align with trafficking victim protections. The overall aim is to help survivors re-enter society without the burden of criminal records linked to their trafficking experience, while ensuring safeguards and proper oversight.
Key Points
- 1New federal relief mechanism: Establishes a motion-based process to vacate convictions for Level A offenses or expunge arrests for Level A or Level B offenses if the offense was a direct result of being a trafficking victim.
- 2Definitions and scope: Clarifies who counts as a trafficking victim, what counts as Level A (nonviolent) and Level B (violent, with exceptions for child victims), and other terms used in the process.
- 3Procedural requirements: A motion must be written, include supporting evidence, and be filed in the appropriate federal court. Hearings are outlined, with timelines for government opposition and court proceedings.
- 4Evidentiary standards and factors: Courts decide by a preponderance of the evidence (a lower standard than beyond a reasonable doubt) and must consider that the offense was a direct result of trafficking. Special rules apply to expunging arrests (including if charges were dismissed or reduced).
- 5Supporting evidence and confidentiality: Courts may accept affidavits or sworn testimony from anti-trafficking service providers or clinicians as sufficient evidence, and many related proceedings stay sealed to protect movants’ identities.
- 6Mitigating factors and sentencing: Courts may reduce imprisonment terms for Level A or B offenses if a covered prisoner’s crime was a direct result of being a trafficking victim, with a careful, particularized inquiry into original sentencing.
- 7Defense addition: Adds a new trafficking defense (Sec. 28) allowing a defendant to argue duress due to trafficking when charged with a Level A or Level B offense, with records connected to the defense kept under seal.
- 8Post-conviction relief and aid: A failure to raise the trafficking defense does not bar later mitigation or post-conviction relief, and federal aid programs supporting trafficking victims may not bar participation in post-conviction relief.
- 9Oversight and reporting: Requires U.S. Attorneys to report on motions for vacatur/expungement and to track outcomes, directives for Attorney General training on trafficking indicators, and a GAO evaluation within three years on usage, impact, and recommendations.
- 10Grants and program alignment: Grants from Justice Programs or the Office on Violence Against Women may be used to fund post-conviction legal representation, removing barriers to pursuing relief.
- 11Technical alignment: Makes conforming amendments to the Trafficking Victims Protection Act of 2000 to align definitions and cross-references with the new provisions.
- 12General intent: Declares the act a first step to adapt to evolving trafficking tactics and to protect survivors while continuing efforts against traffickers.