This legislation aims to provide federal relief for individuals who committed offenses as a direct result of being victims of human trafficking. It establishes mechanisms for vacating certain convictions, expunging specific arrests, and reducing sentences for incarcerated survivors. This Act seeks to address the forced criminality often imposed by traffickers, recognizing that victims may be compelled to commit crimes. The bill categorizes offenses into level A offenses (non-violent) and level B offenses (violent, excluding those where a child was a victim). Victims can move to vacate convictions for level A offenses if their participation was a direct result of trafficking. For arrests, expungement is available for level A offenses if the conduct was directly related to trafficking, and for level B offenses if the conduct was related to trafficking and charges were dismissed, acquitted, or reduced. To support a motion, courts must consider affidavits or sworn testimony from anti-human trafficking service providers, which can be sufficient evidence if credible and no other evidence is readily available. All motions and related documents are to be filed under seal to ensure the confidentiality of the movant , and no filing fees are required. Additionally, the bill allows for the reduction of sentences for incarcerated victims if their offense was a direct result of trafficking, considering factors like public safety. The legislation also introduces a new human trafficking defense for federal offenses, allowing defendants to demonstrate duress due to their trafficking status. It mandates reports from United States attorneys on vacatur/expungement motions and from the Attorney General on human trafficking training. The Government Accountability Office will assess the Act's impact, and grants for legal representation can now be used for post-conviction relief for survivors. This Act applies retroactively to any conviction or arrest and explicitly states it does not conflict with existing crime victims' rights.
Congressional oversightCrime victimsCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesGovernment information and archivesGovernment studies and investigationsHuman traffickingJudicial procedure and administrationLegal fees and court costsSmuggling and trafficking
Trafficking Survivors Relief Act of 2025
USA119th CongressS-2255| Senate
| Updated: 7/10/2025
This legislation aims to provide federal relief for individuals who committed offenses as a direct result of being victims of human trafficking. It establishes mechanisms for vacating certain convictions, expunging specific arrests, and reducing sentences for incarcerated survivors. This Act seeks to address the forced criminality often imposed by traffickers, recognizing that victims may be compelled to commit crimes. The bill categorizes offenses into level A offenses (non-violent) and level B offenses (violent, excluding those where a child was a victim). Victims can move to vacate convictions for level A offenses if their participation was a direct result of trafficking. For arrests, expungement is available for level A offenses if the conduct was directly related to trafficking, and for level B offenses if the conduct was related to trafficking and charges were dismissed, acquitted, or reduced. To support a motion, courts must consider affidavits or sworn testimony from anti-human trafficking service providers, which can be sufficient evidence if credible and no other evidence is readily available. All motions and related documents are to be filed under seal to ensure the confidentiality of the movant , and no filing fees are required. Additionally, the bill allows for the reduction of sentences for incarcerated victims if their offense was a direct result of trafficking, considering factors like public safety. The legislation also introduces a new human trafficking defense for federal offenses, allowing defendants to demonstrate duress due to their trafficking status. It mandates reports from United States attorneys on vacatur/expungement motions and from the Attorney General on human trafficking training. The Government Accountability Office will assess the Act's impact, and grants for legal representation can now be used for post-conviction relief for survivors. This Act applies retroactively to any conviction or arrest and explicitly states it does not conflict with existing crime victims' rights.
Congressional oversightCrime victimsCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesGovernment information and archivesGovernment studies and investigationsHuman traffickingJudicial procedure and administrationLegal fees and court costsSmuggling and trafficking