Trafficking Survivors Relief Act

Human trafficking survivors who committed crimes because they were being trafficked gain the right to ask a federal court to wipe those records clean. A survivor convicted of a non-violent federal offense can file a motion to vacate (cancel) the conviction; if the court finds by a preponderance of the evidence that the crime was a direct result of being trafficked, the conviction is erased and the person is treated as if they were never arrested. Survivors can also seek expungement of arrest records for non-violent offenses and, in limited cases, for violent-offense arrests where charges were dropped or reduced. Incarcerated survivors — even those serving time for violent offenses — can ask the court for a reduced sentence on the same grounds, with the government required to conduct a case-by-case review before opposing it. The bill also codifies a duress defense at trial, so a survivor can argue in court that being trafficked excuses the conduct, and a failure to raise that defense during trial cannot later be used to block post-conviction relief or eligibility for federal survivor-assistance programs. All motions and related documents are filed under seal to protect the survivor's identity, and no filing fees are charged. Federal grant recipients — such as legal aid organizations — are expressly permitted to use existing Justice Department and Office on Violence Against Women grant funds for post-conviction relief representation, removing a prior prohibition. A GAO audit is required within three years to assess how many survivors used the new relief and to recommend improvements.