S 2255HR 4323119th CongressIn Committee

Trafficking Survivors Relief Act of 2025

Introduced: Jul 10, 2025

Sponsor: Sen. Gillibrand, Kirsten E. [D-NY] (D-New York)

Civil Rights & JusticeSocial Services

Chamber Versions:

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Trafficking Survivors Relief Act of 2025 would give federal courts new post-conviction tools and a defense mechanism for victims of human trafficking. It creates a mechanism (section 3771A) to vacate certain convictions or expunge certain arrests if the conduct was a direct result of the person being a trafficking victim. Specifically, it allows vacating nonviolent “level A” offenses and expunging arrests for level A offenses, and expunging arrests for level B offenses if the conduct was tied to trafficking and certain outcomes occurred (such as acquittals, dismissals, or reductions). The bill also introduces a “human trafficking defense” that would permit a duress defense for a victim when charged with a level A or level B offense, and provides for sealing of records in proceedings involving that defense. In addition, the act calls for monitoring and reporting on the implementation of these relief measures, requires no filing fees for motions, and allows courts to consider victims’ experiences as mitigating factors in sentencing or post-conviction relief. The overall aim is to help trafficking survivors remove barriers created by criminal records and ensure relief mechanisms acknowledge their coercive circumstances.

Key Points

1Creation of a new relief mechanism (3771A) allowing:
2- Vacating level A (non-violent) convictions that occurred as a direct result of being a trafficking victim.
3- Expunging arrests for level A offenses, and expulsions of records for level B arrests, when tied to trafficking, with specific qualifying outcomes (e.g., acquittal, dismissal, or partial reduction and vacatur).
4- Definitions to distinguish level A vs level B offenses and to clarify who counts as a “victim of trafficking.”
5Procedural rules for motions:
6- Motions must be in writing with supporting evidence; hearings are required if the government opposes the motion.
7- Court reviews motions by a preponderance of the evidence (more likely than not) to grant relief, and must consider trafficking connection as a key factor.
8- Confidentiality provisions seal motions and related documents to protect movants’ identities.
9Effects of relief:
10- If granted, vacate convictions or expunge arrests and direct expungement across official records; movants return to the status they held before the arrest or proceedings.
11- Clarifies that vacatur generally removes the conviction from federal law’s recordkeeping as a conviction.
12Mitigating factors and sentencing relief:
13- Courts may reduce sentences for level A or level B offenses if the offender committed the offense as a direct result of having been a trafficking victim, after a particularized inquiry and consideration of statutory factors.
14- The process includes safeguards and is subject to the same rules as other post-conviction procedures.
15Human trafficking defense (new Sec. 28 in Title 18):
16- Establishes a duress defense for covered federal offenses (levels A and B) when the defendant was a trafficking victim.
17- Seals records in proceedings where this defense is raised, and permits post-conviction relief and consideration of the defense as a mitigating factor.
18- Prohibits using failure to raise the defense as a barrier to eligibility for federally funded victim-support programs.
19Reporting and oversight:
20- Requires U.S. Attorneys to report on motions for vacatur/expungement and to track outcomes.
21- Requires the Attorney General to report on training for prosecutors regarding trafficking indicators.
22- The Comptroller General must assess the act’s impact and provide recommendations for expanding access to relief and improving implementation.
23Grants and funding:
24- Grants awarded by the Office of Justice Programs or the Office on Violence Against Women may be used for post-conviction relief representation, not restricted from such use.
25Context and construction:
26- The act expresses a sense of Congress that this is a first step to adapt to traffickers’ tactics and protect survivors, and it includes a cross-reference update to the Trafficking Victims Protection Act and a clause ensuring no conflict with victims’ rights.

Impact Areas

Primary group/area affected:- Victims of human trafficking with federal criminal convictions or arrests, particularly those whose offenses were direct results of trafficking or committed under coercion.Secondary group/area affected:- Federal prosecutors, defense attorneys, and the federal courts handling post-conviction relief and trafficking cases.- Law enforcement and anti-trafficking service providers (due to new evidence considerations and compelled training).- Victim services and federally funded programs that aid trafficking survivors (the bill protects participation in such programs).Additional impacts:- Changes to federal records and background-check considerations for survivors.- Enhanced confidentiality protections for motions and related records.- Potential policy effects on how trafficking indicators are identified and how trafficking coercion is used to seek relief or mitigation.- Data collection and reporting requirements to track relief usage and program outcomes, informing future policy.Vacating a conviction: setting aside the conviction so it is as if the person was not convicted.Expungement: erasing or removing records of arrests or proceedings from official records.Level A offenses: federal offenses that are non-violent.Level B offenses: federal offenses that are violent, with a caveat that certain violent offenses involving a child as a victim may be excluded from Level B.Victim of trafficking: a person defined as a victim under the Trafficking Victims Protection Act of 2000.Duress defense: a defense arguing that the defendant committed the offense under coercive pressure related to being a trafficking victim.Preponderance of the evidence: the standard of proof required, meaning it is more likely than not that the claim is true.Introduced in the Senate on July 10, 2025 by Sen. Gillibrand, with co-sponsors including Sen. Hyde-Smith, Sen. Coons, and Sen. Daines; referred to the Committee on the Judiciary.

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