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This bill helps people who were trafficked clear federal records that came from their exploitation. It lets them ask a court to erase arrests and undo convictions for non-violent federal crimes that happened because they were trafficked. In some cases, arrests for other offenses can be erased if they were acquitted, charges were dropped, or the charges were reduced. When records are cleared, the government must remove them from official files, and the person is treated as if the arrest or conviction never happened under federal law .
The process is free and kept confidential, with filings under seal. Survivors can use a sworn letter from a service provider or clinician as proof; if it’s credible and other evidence is hard to get, that can be enough. Judges may also lower a prison sentence if the crime happened because of trafficking, and this policy applies to past and future cases. The government will study how often people use this, and certain grants can help pay for legal help; people facing charges can also show they acted under pressure from traffickers at the time.
Amends paragraphs (16) and (17) of 22 U.S.C. 7102 to update internal cross-reference numbering: in paragraph (16) replace "(9)" with "(11)"; in paragraph (17) replace "(9) or (10)" with "(11) or (12)".
Adds a new section titled 'Human trafficking defense' to title 18 establishing definitions (defining 'covered Federal offense' by reference to section 3771A and 'victim of trafficking' by reference to 22 U.S.C. 7102), permitting a duress defense for defendants who were victims of trafficking when committing a covered Federal offense, requiring sealing of records or parts of proceedings related to the defense until a conviction is entered, allowing assertion of trafficking-and-duress as a mitigating factor at sentencing or in post-conviction proceedings, and prohibiting use of a failure to assert that defense to disqualify an individual from participating in federally funded programs that aid victims of trafficking.
Amends the table of sections for title 18, chapter 1 by adding at the end an entry for the new section '28 Human trafficking defense.'
Adds a new section 3771A to chapter 237 of title 18 establishing definitions, a statutory mechanism for motions to vacate convictions and to expunge arrests for persons whose offenses or arrests were directly related to being victims of trafficking, procedures and required contents for such motions, evidentiary rules (including consideration of affidavits from anti-human-trafficking service providers), hearing deadlines, standards for granting relief, effects of vacatur/expungement, mitigating-factor sentence reductions for covered prisoners, confidentiality requirements, a prohibition on filing fees, and retroactive applicability to convictions or arrests before, on, or after enactment.
Amends the chapter 1 table of sections of Title 18 by adding an entry at the end for the newly added section 28, 'Human trafficking defense'.
Adds new section 3771A to Title 18 (Chapter 237) establishing definitions and a statutory framework for motions to vacate convictions and expunge arrests for persons who were victims of trafficking, procedures for filing and hearings, evidentiary standards and permitted supporting evidence, mitigating factors and sentence reduction authority for covered prisoners, confidentiality and sealing of filings, prohibition on filing fees, and applicability to convictions and arrests before, on, or after enactment.
Amends the table of sections of Title 18 by adding at the end an entry for the new Chapter 237 / section 3771A relating to motions to vacate, expungement, and mitigating factors for victims of trafficking.
Amends the table of sections of title 18 by adding at the end a new chapter 237 to reflect the insertion of the new section (3771A).
Adds a new chapter to Title 18 titled 'Human trafficking defense' creating definitions for 'covered Federal offense' and 'victim of trafficking,' authorizing a duress defense for defendants who were victims of trafficking, requiring sealing of records related to that defense until conviction, allowing post-conviction assertion of trafficking victimhood as a mitigating factor, and prohibiting use of failure to assert the defense to disqualify individuals from federally funded victim programs; also adds a corresponding entry to the Title 18 table of sections.
Introduced July 10, 2025 by Russell Fry · Last progress January 23, 2026
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4919-4921)
Passed Senate without amendment by Unanimous Consent. (consideration: CR S8894)
President of the United States
Became Public Law No: 119-73.
Signed by President.
Presented to President.
Message on Senate action sent to the House.