S-2255 — Trafficking Survivors Relief Act of 2025

YourVoice.Now Summary

Criminal Justice & Due ProcessYour MoneyCivil LibertiesTransparency & Accountability

A trafficking victim forced into crime could ask a judge to wipe the record clean, for free.

Criminal Justice & Due Process

Convictions for nonviolent forced crimes — judges could erase them completely

A survivor could file a motion in the court that sentenced them. If the judge agrees the trafficking caused the crime, the conviction is thrown out and the records erased.

Arrest records for violent charges — erased if the case was dropped

Convictions for violent crimes could not be erased. But an arrest could be, if the person was acquitted or the charges were dropped or reduced. Violent crimes against children are left out.

Prison time for trafficking victims — judges could cut sentences short

People serving time, or who already served time, could ask for a shorter sentence. This covers violent offenses too, but not crimes where a child was the victim. The judge must weigh the danger to others first.

Deadline to apply — none, no matter how old the case

The process reaches back to any conviction or arrest, whenever it happened. There is no cutoff date and no window to miss.

Convictions at trial — victims could argue a trafficker forced them

At trial, a defendant could claim duress by showing they were being trafficked at the time. Records about that claim stay sealed unless the person is convicted.

Proof needed to qualify — a counselor's sworn statement can be enough

The judge must consider a sworn statement from a trafficking counselor. That statement alone can be enough, if the judge trusts it and no other proof exists.

Your Money

Money saved filing these motions — courts may charge nothing

No court could charge a filing fee, service charge, copy fee, or any other cost for these motions. Filing would cost the survivor nothing.

Victim aid eligibility — a failed trafficking defense can't cut it off

A survivor may raise the trafficking defense and lose. That loss could not be used to bar them from federal programs that help trafficking victims.

Money back after a record is cleared — fines and restitution stand

Clearing a conviction does not wipe out money the court ordered paid. Fines and payments owed to crime victims still stand.

Civil Liberties

Privacy in these court cases — every filing sealed by law

Every motion, document, and order in these cases is filed under seal. Court staff may not release anything that names the person.

Legal status after a record is cleared — treated as never arrested

Once a record is cleared, federal law treats the person as it did before the arrest. That status can matter on job and housing applications.

Transparency & Accountability

Watchdog review of the program — report to Congress in three years

Congress's watchdog office must report back within three years. It must count how many survivors filed and what the courts decided.

Public access to these court files — sealed from everyone

Court records are normally open to the public. These cases would be closed, so no one could look up who filed or how it turned out.

More about this bill

People forced into crime by human traffickers could ask a federal judge to clear their record. A survivor could move to erase a conviction for a nonviolent federal offense. The judge would have to find that being trafficked directly caused the crime. Arrest records could be erased too. Old cases count, no matter how many years have passed. Violent convictions could not be erased. But an arrest on a violent charge could be, if the case ended without a conviction. Crimes against children are left out entirely. People still in prison could ask for a shorter sentence. A judge would first weigh the danger to other people and to crime victims. Courts could charge no fee at all to file. A sworn statement from a trafficking counselor could be enough proof by itself. Every filing would be sealed, so the survivor's name stays private. Fines and restitution orders would still stand. Federal legal aid grants could pay lawyers to handle these cases. Congress's watchdog office would report back on the results within three years.

Congressional Summary

This 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

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: Senate
Status: summarized
Action: Introduced in Senate
Action Date: 2025-07-10
Date Added: 2026-04-06
Source: Congress.gov →

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