Trafficking Survivors Relief Act: Vacating Convictions and Expunging Arrests.
This Act allows human trafficking survivors to petition for the vacating of certain federal convictions and the expungement of arrest records if the offenses were a direct result of their victimization. These changes aim to remove daily life barriers, such as difficulties in finding employment or housing, by restoring the survivor's status to that before the arrest or conviction. Furthermore, the law introduces the possibility of reducing sentences for currently incarcerated individuals if their crime was directly linked to being a trafficking victim.
Key points
Vacating Convictions: Survivors can move to vacate federal convictions for non-violent offenses (Level A) if the crime was committed as a direct result of being a victim of trafficking.
Expunging Arrests: Federal arrest records for non-violent offenses (Level A) and certain other offenses (Level C) can be expunged if the conduct was directly related to being a trafficking victim.
Sentence Reduction: Incarcerated individuals (covered prisoners) convicted of Level A or Level B offenses (excluding violent crimes against children) may seek a reduced sentence if the offense was a direct result of being a trafficking victim.
Confidentiality: Motions for relief and related documents will be filed under seal to protect the privacy and identity of the survivors.
No Fees: Survivors are exempt from paying any filing, service, or processing fees when submitting a motion under this Act.
Expired
Additional Information
Print number: 118_S_4214
Sponsor: Sen. Gillibrand, Kirsten E. [D-NY]
Process start date: 2024-04-30