Trafficking Survivors Relief: Vacating Convictions and Expunging Arrests
This act helps human trafficking survivors vacate convictions and expunge arrest records if the offenses were a direct result of their victimization. It offers a fresh start by removing daily life barriers, such as difficulties in finding employment or housing, caused by a criminal past linked to being a victim. Additionally, it introduces a legal defense based on being a trafficking victim, potentially leading to reduced sentences or acquittals.
Key points
Human trafficking victims can apply to vacate convictions for certain offenses and expunge arrest records if these were a direct result of their exploitation.
Courts will consider sworn testimony from anti-human trafficking service providers as evidence of victimization, simplifying the relief process.
Motions for vacatur and expungement will be filed confidentially, with applicant information kept private and not publicly accessible.
The act introduces a legal defense based on being a human trafficking victim, which can influence case outcomes or sentencing.
No fees will be charged for filing motions to vacate convictions or expunge arrests, making the process accessible to all survivors.
Expired
Additional Information
Print number: 118_HR_7137
Sponsor: Rep. Fry, Russell [R-SC-7]
Process start date: 2024-01-30