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Text as it was Introduced in House
February 14, 2025
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AI Insights

Analyzed 6 of 6 sections

Summary

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.

Key Points

  • Allows trafficking victims who were forced into crimes to ask federal courts to vacate convictions, expunge arrests, or reduce sentences.
  • Creates a statutory "human trafficking" defense and a rebuttable duress presumption when a trafficking victim shows clear and convincing evidence.
  • Waives filing fees and imposes confidentiality protections for records submitted to support relief motions.
  • Requires reports from U.S. Attorneys and the Attorney General and a GAO evaluation of the law's outcomes and effects.
  • Permits certain federal grant funds administered by OJP and OVW to be used for post-conviction legal representation for trafficking survivors.
  • Applies retroactively and prospectively to arrests and convictions before, on, or after enactment.
  • Affirms that the Act does not override existing federal victims’ rights protections.
  • Anticipates increased training needs and potential court workload from new relief petitions.
  • Shifts evidentiary rules in some cases by creating a clear-and-convincing standard for a duress presumption tied to trafficking.

Categories & Tags

Agencies
Comptroller General of the United States (Government Accountability Office)
Congress
Office of Justice Programs
Office on Violence Against Women
Department of Justice / Government (Prosecutors)
+4 more

Provisions

49 items

Adds a new statutory section titled 3771A (Motion to vacate; expungement; mitigating factors) to Title 18 of the U.S. Code.

definition
Affects: U.S. Code / federal courts

Defines “child” as an individual under 18 years of age.

definition
Affects: Individuals (children)

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.

definition
Affects: Covered prisoners (incarcerated persons)

Defines “Federal offense” as an offense punishable under Federal law.

definition
Affects: Persons charged 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.

definition
Affects: People convicted or arrested for federal offenses
Subjects
human trafficking
post-conviction relief
Criminal Justice
expungement
sentencing
confidentiality
+4 more
Affected Groups
Human trafficking survivors
Defendants charged with covered Federal offenses
Federal prosecutors / U.S. Attorneys
Victim-service organizations and legal aid providers
+1 more

Impact Analysis

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:

  • Corrects convictions and records that stem from coercion, improving survivors’ life outcomes and reducing collateral consequences.
  • Encourages training and better identification of trafficking in criminal justice settings.

Potential challenges and uncertainties:

  • Implementation will create additional workload for courts, U.S. Attorneys, defenders, and victim-service systems without an explicit appropriation in the statute.
  • Proving trafficking and meeting the "clear and convincing" evidentiary threshold can be fact-intensive and may vary by case, producing uneven relief outcomes.
  • Some stakeholders may raise concerns about reopening convictions or about evidentiary standards; courts will need to balance fairness, public safety, and victims’ needs.

Net effect:

  • The measure shifts federal practice toward recognizing forced criminality by traffickers and provides concrete, statutory relief mechanisms and supporting administrative steps to identify victims, train practitioners, and evaluate results. Its success depends on how courts apply the standards, availability of legal representation, and resources for training and record handling.

Amendments

No Amendments

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