Trafficking Survivors Relief Act of 2025

Vacating convictions and expunging arrests (Section 2): Victims of trafficking who were convicted of or arrested for certain federal offenses (level A and sometimes level B offenses) may be able to have those convictions vacated and arrests expunged. This could help them clear their records and have a fresh start.

Mitigating factors considered at sentencing (Section 2(e)): Covered prisoners may have their term of imprisonment reduced if the court finds that they committed the offense as a direct result of having been a victim of trafficking. This could lead to reduced sentences for trafficking victims.

No fees for motions (Section 2(g)): Victims filing motions under this section will not be required to pay any filing fees, service charges, or other charges. This removes a financial barrier to accessing relief.

Confidentiality (Section 2(h)): Motions filed under this section and related documents will be filed under seal, protecting the privacy of the trafficking victim.

Human trafficking defense (Section 6): A defendant in a prosecution for a covered Federal offense may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.

Federal Aid (Section 6(e)): A failure to assert or failed assertion of a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking.

Use of Grants for Post-Conviction Relief Representation (Section 4): This section ensures that grants can be used to provide legal representation for post-conviction relief, which could help more victims navigate the legal process.

Definition of offenses (Section 2(a)): The bill defines "level A" and "level B" offenses, and relief is primarily targeted towards "level A" offenses which are not violent crimes, and "level B" offenses do not include violent crimes of which a child was a victim. This means that victims of trafficking who committed violent crimes against children may not be eligible for the same relief, which some may see as unfair or insufficient.

Government opposition and court discretion (Section 2(b)(3) & (4)): The government can oppose motions to vacate convictions or expunge arrests, and the court has discretion in granting these motions. This means that even if a person was a victim of trafficking, they may not receive the relief they seek.

Impact on crime victims (Section 8): The bill states that nothing in the Act should be construed to conflict with the rights of crime victims. This could potentially limit the extent to which relief is granted to trafficking victims if it is perceived to infringe on the rights of other crime victims.