Trafficking Survivors Relief Act of 2025
Summary
The Trafficking Survivors Relief Act of 2025 aims to provide avenues for vacating convictions and expunging arrests for victims of human trafficking who committed certain offenses as a direct result of their trafficking situation. It establishes a federal expungement process, defines relevant terms like 'level A offense' and 'level B offense,' and outlines procedures for motions to vacate or expunge records. The bill also includes provisions for mitigating factors in sentencing and creates a 'human trafficking defense' in certain cases.
Expected Effects
This act will likely lead to the vacating of convictions and expungement of arrest records for eligible trafficking victims, allowing them to reintegrate into society without the burden of a criminal record stemming directly from their victimization. It also mandates reports from United States Attorneys and the Government Accountability Office to assess the act's impact and improve its implementation. It could also reduce sentences for covered prisoners.
Potential Benefits
- Provides a legal pathway for trafficking survivors to clear their records of offenses committed as a direct result of their victimization.
- Offers a 'human trafficking defense' in prosecutions for certain federal offenses.
- Requires courts to consider affidavits or sworn testimony from anti-human trafficking service providers or clinicians as supporting evidence.
- Mandates reports to assess the act's impact and identify areas for improvement.
- Allows grant funding to be used for post-conviction relief representation.
Potential Disadvantages
- The process for vacating convictions and expunging arrests could be complex and require legal assistance, potentially creating barriers for some survivors.
- The definitions of 'level A offense' and 'level B offense' may create disparities in eligibility for relief.
- The requirement for proving a 'direct result' between trafficking and the offense could be challenging to establish in some cases.
- The act's reliance on judicial discretion in granting motions could lead to inconsistent outcomes across different jurisdictions.
- There may be increased administrative burden on the courts and government agencies to process motions and reports.
Constitutional Alignment
The bill aligns with the Constitution by seeking to ensure justice and promote the general welfare, as stated in the Preamble. The establishment of a legal process for vacating convictions and expunging arrests is consistent with due process principles, as outlined in the Fifth and Fourteenth Amendments. The emphasis on fair court processes and access to justice aligns with the Sixth Amendment's guarantee of the right to counsel and a fair trial.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).