Trafficking Survivors Relief Act

Vacating Criminal Convictions: Victims of trafficking may have their level A offense convictions vacated, which restores their status to what it was before the arrest (Section 2(b)(1)(A) and 2(c)(3)).

Expunging Arrest Records: Individuals may be able to have arrest records removed from official records for level A offenses or certain level B offenses if the conduct was directly related to being a victim of trafficking (Section 2(b)(1)(B) and 2(b)(1)(C)).

Sentence Reductions: Courts have the authority to reduce the term of imprisonment for covered prisoners if the crime was a direct result of being a victim of trafficking (Section 2(e)(1)).

Legal Protections via Duress Defense: Defendants can establish a defense of duress in federal prosecutions by demonstrating they were a victim of trafficking at the time of the offense (Section 6(b)).

Privacy Protections: To protect identities, motions and related documents are filed under seal, and officials are prohibited from making out information available for public inspection (Section 2(h)).

Financial Accessibility: There are no filing fees or service charges required to file a motion under this act (Section 2(g)).

Financial Limitations on Relief: While convictions can be vacated or arrests expunged, the law does not require courts to amend or remove any existing fine or restitution orders (Section 2(c)(2)).

Legal Barriers for Level B Offenses: For level B offenses, relief through expungement is limited to those who were acquitted, had charges dismissed, or had charges reduced to a level A offense (Section 2(b)(1)(C)).

Exclusion of Specific Violent Crimes: The definition of a level B offense specifically excludes violent crimes where a child was a victim, which limits the scope of the offense types covered (Section 2(a)(2)(B)).