Trafficking Survivors Relief Act of 2025
Sponsored By: Representative Rep. Fry, Russell [R-SC-7]
Introduced
Summary
Post-conviction relief and expungement for trafficking survivors would create a federal process to vacate certain convictions and erase arrests that were directly caused by human trafficking. It would also create a presumption of duress as a defense for trafficking victims in federal prosecutions.
Show full summary
- Survivors and families: Relief would apply to convictions or arrests occurring before, on, or after enactment and would place a movant back in the legal status they held before the arrest without treating the vacated conviction as a Federal conviction.
- Incarcerated people: Courts could reduce prison terms for level A or level B offenses when the court finds by a preponderance of the evidence that the offense was a direct result of trafficking, after considering sentencing factors and community safety.
- Process, privacy, and legal help: Motions would be filed under seal with no filing fees, and if the Government files opposition within 30 days a hearing must occur within 15 days. Licensed anti‑trafficking providers or clinicians could provide sworn affidavits as evidence, and federal grant programs could not bar funded entities from representing survivors in these motions.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Clear federal records for trafficking survivors
If enacted, survivors with a level A conviction, or arrests for level A or C offenses, could ask a court to vacate or expunge if the conduct was due to trafficking. For level C arrests, you would need an acquittal, dropped charges, or reduced charges later resolved in your favor. Filings would be under seal, there would be no filing fees, and the government could oppose within 30 days; if opposed, the court must hold a hearing within 15 days (or within 45 days if not opposed). An affidavit from a licensed anti‑trafficking provider or clinician could be enough if credible and no other evidence is available. Orders would remove the record from official files and it would not count as a federal arrest or conviction; fines or restitution would not change. This would apply to past and future cases, and crime victims’ rights would still apply.
Duress defense for trafficking survivors
If enacted, in federal cases for level A or B offenses, a defendant who proves by clear and convincing evidence they were a trafficking victim would get a rebuttable presumption of duress. Records tied to this defense could be sealed until a conviction is entered. Not raising the defense at trial would not stop using trafficking as mitigation at sentencing or in post‑conviction relief. Not raising it could not be used to deny federally funded victim services.
Shorter prison terms for trafficking survivors
If enacted, courts could cut prison time for people serving level A or B sentences if the crime was a direct result of trafficking. The motion could be filed by the prisoner, the Bureau of Prisons, or the court. The court would notify the government, weigh standard sentencing factors and danger to others, and the government would review the original sentencing facts. The judge would use a preponderance of the evidence standard. Crime victims’ rights would apply in these proceedings.
Grant funds for post-conviction legal help
If enacted, two Justice Department offices could not forbid grantees from using their grant money to provide post‑conviction legal help. This could make it easier for survivors to get lawyers to seek vacatur, expungement, or other relief.
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Sponsors & CoSponsors
Sponsor
Rep. Fry, Russell [R-SC-7]
SC • R
Cosponsors
Rep. Lieu, Ted [D-CA-36]
CA • D
Sponsored 2/14/2025
Rep. Wagner, Ann [R-MO-2]
MO • R
Sponsored 2/14/2025
Rep. Garcia, Robert [D-CA-42]
CA • D
Sponsored 2/14/2025
Rep. Johnson, Henry C. "Hank," Jr. [D-GA-4]
GA • D
Sponsored 2/24/2025
Rep. Dingell, Debbie [D-MI-6]
MI • D
Sponsored 2/24/2025
Rep. Bera, Ami [D-CA-6]
CA • D
Sponsored 2/24/2025
Rep. Biggs, Andy [R-AZ-5]
AZ • R
Sponsored 3/3/2025
Landsman
OH • D
Sponsored 3/4/2025
Rep. Lawler, Michael [R-NY-17]
NY • R
Sponsored 3/5/2025
Rep. Sykes, Emilia Strong [D-OH-13]
OH • D
Sponsored 3/14/2025
Donalds
FL • R
Sponsored 3/18/2025
Schmidt
KS • R
Sponsored 4/7/2025
Rep. Begich, Nicholas J. [R-AK-At Large]
AK • R
Sponsored 4/28/2025
Rep. Kiley, Kevin [I-CA-3]
CA • I
Sponsored 4/29/2025
Rep. Ross, Deborah K. [D-NC-2]
NC • D
Sponsored 5/7/2025
Hunt
TX • R
Sponsored 5/20/2025
Rep. Fitzpatrick, Brian K. [R-PA-1]
PA • R
Sponsored 11/17/2025
Roll Call Votes
No roll call votes available for this bill.
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