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Creates a federal process that lets people who committed or were arrested for certain federal crimes because they were victims of human trafficking ask a court to vacate convictions, expunge arrests, or reduce sentences, and it establishes a new "human trafficking" defense and duress presumption for qualifying cases. It also requires reporting and a GAO evaluation, allows certain federal grant funds to pay for post-conviction legal representation, and protects victim-service access and victims’ rights. The law defines who counts as a trafficking victim and which offenses are covered, sets procedures and timelines for filing and deciding motions, waives court fees, requires confidentiality protections, and directs training and reporting to help implement the new relief options and measure their effects.
Adds a new statutory section titled 3771A (Motion to vacate; expungement; mitigating factors) to Title 18 of the U.S. Code.
Defines “child” as an individual under 18 years of age.
Defines “covered prisoner” as a person who (A) was convicted of a level A or level B offense, (B) was sentenced to imprisonment for that offense, and (C) is imprisoned under that term.
Defines “Federal offense” as an offense punishable under Federal law.
Defines offense levels: (i) “level A offense” = a Federal offense that is not a violent crime; (ii) “level B offense” = a Federal violent crime but excludes violent crimes where a child was the victim; (iii) “level C offense” = any Federal offense that is not a level A offense.
Adds a new section titled "Human trafficking defense" to chapter 1 of title 18 establishing (1) a definition of 'covered Federal offense' (level A or B as defined in section 3771A); (2) a rebuttable presumption of duress when a defendant proves by clear and convincing evidence they were a victim of trafficking at the time of the offense; (3) a requirement that records or parts of proceedings related to the defense be placed under seal on motion until a conviction is entered; (4) that failure to assert the defense does not preclude asserting trafficking-induced duress as a mitigating factor at sentencing or in post-conviction relief; and (5) that failure to assert the defense may not be used to disqualify the individual from participating in federally funded programs that aid trafficking victims.
Adds a new section 3771A to chapter 237 of title 18 establishing: definitions (including trafficking victim, level A/B/C offenses, covered prisoner), procedures for motions to vacate convictions and expunge arrests for persons whose offenses/arrests were a direct result of being victims of trafficking, required contents of motions, hearing timelines, evidentiary standards (including affidavits or sworn testimony from licensed anti-human trafficking service providers or clinicians), appealability, immediate court actions on grant (vacatur, acquittal, expungement), mitigating-factor relief including potential reduction of imprisonment for covered prisoners, confidentiality (motions filed under seal and non-disclosure of identifying materials), a prohibition on filing fees for motions, and applicability to convictions or arrests occurring before, on, or after the date of enactment.
Who is affected and how:
Survivors of human trafficking: The law gives qualifying survivors a clear federal pathway to challenge criminal convictions, arrest records, and sentences that resulted from being forced or coerced into illegal activity. That can remove legal barriers to housing, employment, education, and immigration relief.
People currently incarcerated or previously convicted of covered federal offenses: Individuals who meet the trafficking-victim definition can seek sentence reductions, vacatur of convictions, or expungement of arrests; outcomes will depend on case facts, available evidence, and court findings.
Defense counsel and legal-aid providers: Expect more post-conviction filings and representation needs. The statute explicitly allows certain federal grant funds to pay for post-conviction representation, increasing funding flexibility for providers who assist trafficking survivors.
Federal courts and prosecutors (U.S. Attorneys): Courts will apply new procedures, evidentiary standards, and confidentiality rules; prosecutors must prepare to respond to vacatur/expungement motions and to report data about filings. This may increase caseload and administrative duties.
Victim-service organizations and program administrators: Protections in the law help ensure trafficking victims can access federally funded services even if they previously failed to raise the trafficking defense. Organizations will need to coordinate with legal teams and may see greater demand for services connected to legal relief efforts.
Federal agencies (DOJ components, OJP, OVW): Must produce reports, implement or update training on trafficking indicators and forced criminality, and administer grant flexibilities. GAO evaluation will require data collection and cooperation.
Potential benefits:
Potential challenges and uncertainties:
Net effect:
Expand sections to see detailed analysis
Referred to the House Committee on the Judiciary.
Introduced February 14, 2025 by Russell Fry · Last progress February 14, 2025
Referred to the House Committee on the Judiciary.
Introduced in House