HR-4323 — Trafficking Survivors Relief Act

This bill became law on 2026-01-23 as Public Law No. 119-73.

The summary below describes the bill at the version we last reviewed; the enacted text may differ.

YourVoice.Now Summary

Civil LibertiesCriminal Justice & Due ProcessTransparency & Accountability

Lets trafficking survivors ask courts to erase convictions and reduce sentences for crimes committed because they were being trafficked.

Civil Liberties

Conviction-vacatur right — trafficking survivors gain federal court mechanism to erase non-violent convictions tied to their exploitation
Arrest-record expungement — survivors can have arrest records removed for offenses directly caused by being trafficked
Duress defense codified — survivors may assert trafficking-induced duress as an affirmative defense at trial in any covered federal prosecution
Sealed proceedings — all motions and related records filed under seal, protecting survivor identity from public disclosure
Failed-defense bar removed — a survivor's failure to assert the duress defense at trial cannot be used to deny post-conviction relief or federal program eligibility

Criminal Justice & Due Process

Sentence-reduction pathway — incarcerated trafficking survivors can seek reduced terms based on a finding that the offense was a direct result of being trafficked
No-fee access — survivors face no filing fees, service charges, or processing fees to use the new relief mechanisms
Grant funds unlocked — DOJ and OVW grant recipients may now use existing legal-representation grants for post-conviction relief, broadening access to counsel

Transparency & Accountability

US Attorney reporting — each US attorney must report motion counts, government responses, and court outcomes to the Attorney General within one year
Training disclosure — the Attorney General must report to Congress on all professional training provided to US attorneys on human-trafficking indicators
GAO review — the Comptroller General must assess the law's impact and recommend improvements to post-conviction access and attorney training within three years

The details

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

Congressional Summary

Trafficking Survivors Relief ActThis act establishes a process to vacate convictions and expunge arrest records for certain criminal offenses committed by victims of human trafficking that directly result from or relate to having been a trafficking victim.It defines the offenses eligible to be vacated or expunged and sets forth procedures for filing a motion.The Government Accountability Office must assess the impact of this process, including the number of human trafficking survivors who file motions to vacate convictions or expunge records.Under the act, U.S. Attorneys' Offices must report to the Department of Justice (DOJ) on the number of motions to vacate convictions or expunge arrest records that are filed. Additionally, the DOJ must report to Congress on professional training received by U.S. Attorneys on indicators of human trafficking during the preceding 12-month period.The act permits certain grants for legal representation to be used to seek post-conviction relief.Finally, the act allows a defendant to establish, as a defense, that the offenses were committed under duress by demonstrating that he or she was a victim of human trafficking at the time of the offense.

Legislative Subjects

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

Details

Congress: 119th
Chamber: House
Status: summarized
Action: Public Law
Action Date: 2026-01-23
Date Added: 2026-06-03
Source: Congress.gov →

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