The Trafficking Survivors Relief Act of 2025 adds a new mechanism under 18 U.S.C. 3771A to vacate certain federal convictions and expunge arrests when the conduct was directly connected to a trafficking victimization. The bill defines key offense levels and what constitutes a trafficking victim, and it sets out the procedural steps for bringing relief motions, including hearing timelines, evidentiary standards, and confidentiality safeguards.
It also introduces a new "Human Trafficking Defense" with a presumption of duress in prosecutions of certain offenses and directs reporting and training to support implementation.
At a Glance
What It Does
It creates 18 U.S.C. 3771A to allow motions to vacate Level A convictions and expunge arrests for Level A and certain Level C offenses when the conduct was a direct result of trafficking, with defined terms and clear procedural rules.
Who It Affects
Directly affects trafficking survivors who faced federal convictions/arrests tied to trafficking, as well as their counsel, U.S. Attorneys, federal courts, and licensed anti-trafficking service providers who may supply supporting evidence.
Why It Matters
Establishes a formal, court-supervised route to restore survivors’ records, reducing collateral consequences and enabling reintegration while maintaining guardrails to prevent misuse.
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What This Bill Actually Does
Section 2 adds a new provision (3771A) that creates a pathway for victims of trafficking to seek relief from federal records. The bill defines three offense levels and clarifies who counts as a trafficking victim, tying eligibility for relief to offenses connected to trafficking.
Victims may move to vacate a Level A conviction or to expunge arrests for Level A offenses, and in some cases Level C arrests, if the conduct that led to the offense was directly related to trafficking.
The Five Things You Need to Know
The bill creates 18 U.S.C. 3771A to allow vacatur of certain federal Level A convictions when the offense arose from trafficking.
It also authorizes expungement of arrests for Level A offenses and certain Level C offenses if related to trafficking.
Motions must be in writing with supporting evidence and may be heard in mandatory or discretionary hearings.
Relief is granted by preponderance of the evidence and results in expungement orders or vacatur with the movant restored to pre-arrest status.
Confidentiality protections apply, and no filing fees are charged for motions under this section.
Section-by-Section Breakdown
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Federal expungement for victims of trafficking
Section 2 adds a new 18 U.S.C. 3771A establishing the definitions of key terms (e.g., Level A/B/C offenses, trafficking victim, and covered prisoner) and sets out the grounds for motions to vacate convictions and expunge arrests. The section creates a structured pathway for victims whose criminal conduct was a direct result of trafficking to seek relief, specifying when relief is available (vacatur for Level A convictions; expungement for Level A arrests and certain Level C arrests) and the evidentiary threshold required to support relief.
Reports
Section 3 requires U.S. Attorneys to report annually on motions for vacatur or expungement filed under 3771A, including counts, offenses involved, responses, and final court determinations. It also directs a GAO evaluation within three years to assess the impact and implementation and to offer recommendations for improving access to post-conviction relief and training.
Use of grants for post-conviction relief representation
Section 4 prohibits grant-making offices (Office of Justice Programs or Office on Violence Against Women) from restricting funds to prevent representation for post-conviction relief, ensuring survivors can obtain counsel for relief motions.
Sense of Congress
Section 5 articulates a sense of Congress that this law is a first step in countering trafficking strategies that force criminality and commits to pursuing additional solutions to protect survivors and disrupt trafficking networks.
Human trafficking defense
Section 6 adds to Chapter 1 of title 18 a new defense framework. It defines a covered Federal offense as Level A or B offenses and creates a rebuttable presumption that such offenses committed by trafficking survivors were induced by duress, with records in sealed proceedings when the defense is raised. It also outlines post-conviction relief avenues and ensures federal aid is not conditioned on waiving victim-rights protections.
Rule of construction
Section 7 clarifies that nothing in the Act should be construed to conflict with existing victims’ rights protections described in 18 U.S.C. 3771, preserving ongoing rights while enabling post-conviction relief.
This bill is one of many.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Trafficking survivors who obtain vacatur of eligible convictions or expungement of related arrests, enabling cleaner records and reduced stigma.
- Licensed anti-trafficking service providers and clinicians who can supply credible affidavits or sworn testimony to support relief petitions.
- Defense attorneys and public defenders representing trafficking survivors, gaining clearer pathways to relief for clients.
- U.S. Attorneys and federal courts tasked with processing relief motions, which creates a standardized mechanism and reporting framework.
Who Bears the Cost
- Federal courts will incur docket and processing costs to adjudicate vacatur and expungement motions.
- U.S. Attorneys’ Offices will need resources to respond to motions and prepare to present positions in hearings.
- The Department of Justice and Congress will bear administrative and oversight costs associated with reporting requirements and program evaluations.
- Grants administrators and program offices will implement compliance measures to ensure confidentiality, anti-trafficking training, and reporting obligations.
Key Issues
The Core Tension
The core tension is balancing equitable relief for trafficking survivors against the risk of undermining public safety or improperly erasing criminal records. The use of a low evidentiary threshold to grant relief may speed up relief for some, but it could also open pathways for challenges to the integrity of records and potential misuse if not carefully calibrated.
The bill creates a meaningful expansion of post-conviction relief for trafficking survivors, but it also introduces potential implementation challenges. A central risk is the potential for misapplication or overbroad use of vacatur and expungement, particularly in cases where the connection to trafficking is contested or ambiguous.
The reliance on a preponderance-of-evidence standard and the use of affidavits from service providers as sufficient supporting evidence could raise concerns about accuracy and consistency across jurisdictions. There are also questions about the interaction between expungement in federal records and state or local records, and how cross-cutting record-keeping will be managed.
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