Human trafficking survivors who were forced into committing crimes — like drug offenses, theft, or prostitution — could get those federal convictions thrown out and their arrest records erased under this bill. It creates a court process where survivors can file a motion proving the crime was a direct result of being trafficked, using evidence like testimony from anti-trafficking service providers. Non-violent offenses (called "level A") can be fully vacated, while arrests for violent offenses can be expunged if charges were dropped, reduced, or ended in acquittal. Survivors currently in prison could also get their sentences reduced if the judge finds the crime was tied to their trafficking. The bill establishes a formal duress defense that trafficking victims can raise at trial, and it bars courts from charging any filing fees for these motions. All proceedings are sealed to protect survivors' identities, and the Government Accountability Office must report to Congress within three years on how many survivors have used the process and whether it's working.
Congressional Summary
Trafficking Survivors Relief Act of 2025This bill 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.The bill permits certain grants for legal representation to be used to seek post-conviction relief.Finally, the bill allows a defendant to establish 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
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2025-07-10
- Date Added
- 2026-04-06