[119th Congress Public Law 73]
[From the U.S. Government Publishing Office]
[[Page 139 STAT. 2003]]
Public Law 119-73
119th Congress
An Act
To provide for the vacating of certain convictions and expungement of
certain arrests of victims of human trafficking. <<NOTE: Jan. 23,
2026 - [H.R. 4323]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Trafficking
Survivors Relief Act.>>
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Trafficking Survivors Relief Act''.
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.
(a) In General.--Chapter 237 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3771A. <<NOTE: Courts. Records. 18 USC 3771A.>> Motion to
vacate; expungement; mitigating factors
``(a) Definitions.--In this section--
``(1) the term `child' means an individual who has not
attained 18 years of age;
``(2) the term `covered prisoner' means an individual who--
``(A) was convicted of a level A offense or level B
offense;
``(B) was sentenced to a term of imprisonment for
the offense described in subparagraph (A); and
``(C) is, or was previously, imprisoned or
incarcerated under such sentence for a term of
imprisonment;
``(3) the terms `employee' and `officer' have the meanings
given the terms in section 2105 of title 5;
``(4) the term `Federal offense' means an offense that is
punishable under Federal law;
``(5) the term `level A offense' means a Federal offense
that is not a violent crime;
``(6) the term `level B offense'--
``(A) means a Federal offense that is a violent
crime; and
``(B) does not include a Federal offense that is a
violent crime of which a child was a victim;
``(7) the term `victim of trafficking' has the meaning given
that term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102); and
``(8) the term `violent crime' has the meaning given the
term `crime of violence' in section 16(a) of this title.
``(b) Motions To Vacate Convictions or Expunge Arrests.--
``(1) In general.--
``(A) Convictions of level a offenses.--A person
convicted of any level A offense (or an attorney
representing
[[Page 139 STAT. 2004]]
such a person) may move the court that imposed the
sentence for the level A offense to vacate the judgment
of conviction if the level A offense was committed as a
direct result of the person having been a victim of
trafficking.
``(B) Arrests for level a offenses.--A person
arrested for any level A offense (or an attorney
representing such a person) may move the district court
of the United States for the district and division
embracing the place where the person was arrested to
expunge all records of the arrest if the conduct or
alleged conduct of the person that resulted in the
arrest was directly related to the person having been a
victim of trafficking.
``(C) Arrests for level b offenses.--A person
arrested for any level B offense (or an attorney
representing such a person) may move the district court
of the United States for the district and division
embracing the place where the person was arrested to
expunge all records of the arrest if--
``(i) the conduct or alleged conduct of the
movant that resulted in the arrest was directly
related to the movant having been a victim of
trafficking; and
``(ii)(I) the movant was acquitted of the
level B offense;
``(II) the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level B offense; or
``(III)(aa) the charges against the movant for
the level B offense were reduced to an offense
that is a level A offense; and
``(bb) the movant was acquitted of the level A
offense, the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level A offense, or any
subsequent conviction of the level A offense was
vacated.
``(2) Contents of motion.--A motion described in paragraph
(1) shall--
``(A) be in writing;
``(B) describe any supporting evidence;
``(C) state the offense; and
``(D) include copies of any documents showing that
the movant is entitled to relief under this section.
``(3) <<NOTE: Deadlines.>> Hearing.--
``(A) Mandatory hearing.--
``(i) Motion in opposition.--Not later than 30
days after the date on which a motion is filed
under paragraph (1), the Government may file a
motion in opposition of the motion filed under
paragraph (1).
``(ii) Mandatory hearing.--If the Government
files a motion described in clause (i), not later
than 15 days after the date on which the motion is
filed, the court shall hold a hearing on the
motion.
``(B) Discretionary hearing.--If the Government does
not file a motion described in subparagraph (A)(i), the
court may hold a hearing on the motion not later than 45
days after the date on which a motion is filed under
paragraph (1).
``(4) <<NOTE: Notices.>> Factors.--
[[Page 139 STAT. 2005]]
``(A) Vacating convictions of level a offenses.--The
court may grant a motion under paragraph (1)(A) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was convicted of a level A
offense; and
``(ii) the participation in the level A
offense by the movant was a direct result of the
movant having been a victim of trafficking.
``(B) Expunging arrests for level a offenses.--The
court may grant a motion under paragraph (1)(B) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a level A
offense; and
``(ii) the conduct or alleged conduct that
resulted in the arrest was directly related to the
movant having been a victim of trafficking.
``(C) Expunging arrests for level b offenses.--The
court may grant a motion under paragraph (1)(C) if,
after notice to the Government and an opportunity to be
heard, the court finds, by a preponderance of the
evidence, that--
``(i) the movant was arrested for a level B
offense and the conduct or alleged conduct that
resulted in the arrest was directly related to the
movant having been a victim of trafficking; and
``(ii)(I) the movant was acquitted of the
level B offense;
``(II) the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level B offense; or
``(III)(aa) the charges against the movant for
the level B offense were reduced to a level A
offense; and
``(bb) the movant was acquitted of the level A
offense, the Government did not pursue, or the
Government moved to dismiss, criminal charges
against the movant for the level A offense, or any
subsequent conviction of that level A offense was
vacated.
``(5) <<NOTE: Determinations.>> Supporting evidence.--
``(A) <<NOTE: Testimony.>> In general.--For purposes
of this section, in determining whether the movant is a
victim of trafficking, the court--
``(i) <<NOTE: Affidavit.>> shall consider an
affidavit or sworn testimony of an anti-human
trafficking service provider or clinician; and
``(ii) may consider any supporting evidence
the court determines is of sufficient credibility
and probative value, including sworn testimony
from a law enforcement officer detailing the role
of the movant in coercing other victims of
trafficking into committing criminal offenses.
``(B) Affidavit or sworn testimony sufficient
evidence.--The affidavit or sworn testimony described in
subparagraph (A)(i) shall be sufficient evidence to
vacate
[[Page 139 STAT. 2006]]
a conviction or expunge an arrest under this section if
the court determines that--
``(i) the affidavit or sworn testimony is
credible; and
``(ii) no other evidence is readily available.
``(6) Conviction or arrest of other persons not required.--
It shall not be necessary that any person other than the movant
be convicted of or arrested for an offense before the movant may
file a motion under paragraph (1).
``(7) Denial of motion.--
``(A) Finality.--If the court denies a motion filed
under paragraph (1), the denial shall be final, except
as provided under subparagraph (C) of this paragraph and
subject to the discovery of any new and compelling
evidence or information.
``(B) Reasons for denial.--If the court denies a
motion filed under paragraph (1), the court shall state
the reasons for the denial in writing.
``(C) Reasonable time to cure deficiencies in
motion.--If the court denies a motion filed under
paragraph (1) due to a curable deficiency in the motion,
the court shall allow the movant sufficient time to cure
the deficiency.
``(8) Appeal.--An order granting or denying a motion under
this section may be appealed in accordance with section 1291 of
title 28.
``(c) Vacatur of Convictions.--
``(1) In general.--If the court grants a motion to vacate a
conviction of a level A offense under subsection (b), the court
shall immediately--
``(A) vacate the conviction for cause;
``(B) set aside the verdict and enter a judgment of
acquittal; and
``(C) enter an expungement order that directs that
there be expunged from all official records all
references to--
``(i) the arrest of the movant for the level A
offense;
``(ii) the institution of criminal proceedings
against the movant relating to the level A
offense; and
``(iii) the results of the proceedings.
``(2) Limitation.--Nothing in this subsection requires a
court to amend or remove any fine or restitution order in a
criminal or civil proceeding.
``(3) Effect.--If a conviction is vacated under an order
entered under paragraph (1), the conviction shall not be
regarded as a conviction under Federal law and the movant for
whom the conviction was vacated shall be considered to have the
status occupied by the movant before the arrest or the
institution of the criminal proceedings related to such
conviction.
``(d) Expungement of Arrests.--
``(1) In general.--If the court grants a motion to expunge
all records of an arrest for an offense under subsection (b),
the court shall immediately enter an expungement order that
directs that there be expunged from all official records all
references to--
``(A) the arrest of the movant for the offense;
[[Page 139 STAT. 2007]]
``(B) the institution of any criminal proceedings
against the movant relating to the offense; and
``(C) the results of the proceedings, if any.
``(2) Effect.--If an arrest is expunged under an order
entered under paragraph (1) the arrest shall not be regarded as
an arrest under Federal law and the movant for whom the arrest
is expunged shall be considered to have the status occupied by
the movant before the arrest or the institution of the criminal
proceedings related to such arrest, if any.
``(e) Mitigating Factors.--
``(1) In general.--The court that imposed sentence for a
level A offense or level B offense upon a covered prisoner may
reduce the term of imprisonment for the offense--
``(A) upon--
``(i) motion by the covered prisoner; or
``(ii) the court's own motion;
``(B) <<NOTE: Notice.>> after notice to the
Government;
``(C) after considering--
``(i) the factors set forth in section
3553(a);
``(ii) the nature and seriousness of the
danger to any person, if applicable; and
``(iii) the community, or any crime victims;
and
``(D) if the court finds, by a preponderance of the
evidence, that the covered prisoner committed the
offense as a direct result of the covered prisoner
having been a victim of trafficking.
``(2) Requirement.--Any proceeding under this subsection
shall be subject to section 3771.
``(3) <<NOTE: Assessment.>> Particularized inquiry.--For any
motion under paragraph (1), the Government shall conduct a
particularized inquiry of the facts and circumstances of the
original sentencing of the covered prisoner in order to assess
whether a reduction in sentence would be consistent with this
section.
``(f) Additional Actions by Court.--The court shall, upon granting a
motion under this section, take any additional action necessary to grant
the movant full relief.
``(g) No Fees.--A person may not be required to pay a filing fee,
service charge, copay fee, processing fee, or any other charge for
filing a motion under this section.
``(h) Confidentiality of Movant.--
``(1) In general.--A motion under this section and any
documents, pleadings, or orders relating to the motion shall be
filed under seal.
``(2) Information not available for public inspection.--An
officer or employee may not make available for public inspection
any report, paper, picture, photograph, court file, or other
document, in the custody or possession of the officer or
employee, that identifies the movant.
``(i) Applicability.--This section shall apply to any conviction or
arrest occurring before, on, or after the date of enactment of this
section.''.
(b) Technical and Conforming Amendment.--The table of sections of
chapter 237 of title 18, United States Code, <<NOTE: 18 USC prec.
3771.>> is amended by adding at the end the following:
``3771A. Motion to vacate; expungement; mitigating factors.''.
[[Page 139 STAT. 2008]]
SEC. 3. REPORTS.
(a) United States Attorney Motions for Vacatur or Expungement.--Not
later than 1 year after the date of enactment of this Act, each United
States attorney shall submit to the Attorney General a report that
details--
(1) the number of motions for vacatur or expungement filed
under section 3771A of title 18, United States Code, as added by
section 2, in the district of the United States attorney; and
(2) for each motion described in paragraph (1)--
(A) the underlying offense;
(B) the response of the United States attorney to
the motion; and
(C) the final determination of the court with
respect to the motion.
(b) United States Attorney Training on Human Trafficking
Indicators.--Not later than 1 year after the date of enactment of this
Act, the Attorney General shall submit to Congress a report that details
all professional training received by United States attorneys on
indicators of human trafficking during the preceding 12-month period.
(c) Government Accountability Office.--Not later than 3 years after
the date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(1) assesses the impact of the enactment of section 3771A of
title 18, United States Code, as added by section 2; and
(2) includes--
(A) the number of human trafficking survivors who
have filed motions for vacatur or expungement under such
section 3771A;
(B) the final determination of each court that
adjudicated a motion described in subparagraph (A);
(C) recommendations to increase access to post-
conviction relief for human trafficking survivors with
Federal criminal records; and
(D) recommendations for improving the implementation
and tracking of professional training of United States
attorneys on indicators of human trafficking.
SEC. 4. <<NOTE: 34 USC 10110 note.>> USE OF GRANTS FOR POST-
CONVICTION RELIEF REPRESENTATION.
The Office of Justice Programs or the Office on Violence Against
Women, in awarding a grant that may be used for legal representation,
may not prohibit a recipient from using the grant for legal
representation for post-conviction relief.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) this Act is a first step to address the changing tactics
of human traffickers, who are using forced criminality as a form
of force, fraud, and coercion in their human trafficking
enterprises; and
(2) Congress is committed to continuing to find solutions as
needed to thwart human traffickers and protect survivors of
human trafficking.
[[Page 139 STAT. 2009]]
SEC. 6. HUMAN TRAFFICKING DEFENSE.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. <<NOTE: 18 USC 28.>> Human trafficking defense
``(a) Definitions.--In this section--
``(1) the term `covered Federal offense' means a level A
offense or level B offense, as those terms are defined in
section 3771A; and
``(2) the term `victim of trafficking' has the meaning given
the term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
``(b) Duress.--In a prosecution for a covered Federal offense, a
defendant may establish duress by demonstrating that the defendant was a
victim of trafficking at the time at which the defendant committed the
offense.
``(c) Record or Proceeding Under Seal.--In any proceeding in which a
defense under subsection (b) is raised, any record or part of the
proceeding related to the defense shall, on motion, be placed under seal
until such time as a conviction is entered for the offense.
``(d) Post-Conviction Relief.--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 preclude the individual
from asserting as a mitigating factor, at sentencing or in a proceeding
for any post-conviction relief, that at the time of the commission of
the offense, the defendant was a victim of trafficking and committed the
offense under duress.
``(e) Federal Aid.--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.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, <<NOTE: 18 USC prec. 1.>> is
amended by adding at the end the following:
``28. Human trafficking defense.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) in paragraph (16), by striking ``(9)'' and inserting
``(11)''; and
(2) in paragraph (17), by striking ``(9) or (10)'' and
inserting ``(11) or (12)''.
[[Page 139 STAT. 2010]]
SEC. 8. <<NOTE: 18 USC 28 note.>> RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to conflict with any of the crime victims' rights described in
section 3771 of title 18, United States Code.
Approved January 23, 2026.
LEGISLATIVE HISTORY--H.R. 4323:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 119-347 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 171 (2025):
Dec. 1, considered and passed House.
Dec. 18, considered and passed Senate.
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