The bill would let people who were victims of human trafficking ask federal courts to vacate certain convictions or expunge certain arrest records when the conduct was directly tied to trafficking. For convictions of nonviolent offenses, the court could grant relief if the person proves the trafficking connection by a preponderance of the evidence. Some arrest records could also be expunged if charges were dropped, the person was acquitted, or related conditions were met. A court could reduce the prison sentence of a person still imprisoned for a qualifying offense if trafficking directly led to the offense.
The bill would create a federal defense for certain offenses. A defendant who proves by clear and convincing evidence that they were a trafficking victim when the offense occurred would receive a rebuttable presumption that the offense was induced by duress. The bill would also require court records related to these requests to be sealed, prohibit fees for filing motions, and allow certain federal grants to support legal representation for post-conviction relief. It would require reports on motions, training, and the law’s impact. The bill was referred to the House Committee on the Judiciary.
A trafficking survivor with a qualifying federal conviction or arrest could ask a court for relief, but the court would decide whether the legal requirements are met. Some people serving federal prison terms could ask the sentencing court to reduce their sentence. A person charged with a covered federal offense could raise the trafficking-related duress defense. The bill would apply to convictions and arrests from before, on, or after its enactment.
The bill would prohibit fees for filing a motion under its relief process. No publicly available information on other expenses.
The bill states that forced criminality is a tactic used by human traffickers and describes the measure as a first step toward addressing it and protecting survivors.
No publicly available information.