Trafficking Survivors Relief Act of 2025
Sponsored By: Senator Kirsten Gillibrand
Introduced
Summary
Creates a federal post-conviction relief pathway for trafficking survivors. This bill would let people whose criminal conduct flowed from being trafficked seek vacatur of convictions or expungement of arrests and adds a duress defense in covered federal prosecutions.
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- Survivors and defendants: Survivors could move to vacate certain convictions (defined as level A) or expunge arrests for level A and some level B offenses when the conduct was directly related to trafficking. Motions may rely on affidavits, clinician or service-provider testimony, and other credible evidence.
- Court process and privacy: Motions are filed under seal with no filing fee and decided by a preponderance of the evidence. The government must respond within 30 days and, if it opposes, a hearing must be held within 15 days.
- Sentencing relief: Courts may reduce prison terms for covered prisoners when the offense was a direct result of trafficking after a particularized sentencing review and consideration of public safety.
- Oversight and training: U.S. Attorneys must report on motions within 1 year, a Government Accountability Office assessment is required within 3 years, and training for prosecutors on trafficking indicators must be reported.
- Grants and program access: Justice and Violence Against Women grant programs may not bar funds from being used for post-conviction legal representation. Failure to assert the new defense cannot be used to deny participation in federally funded victim services.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Clear records for trafficking survivors
If enacted, you could ask a court to vacate non‑violent federal convictions that resulted from being trafficked. You could also ask to expunge arrests for certain violent or non‑violent offenses when tied to trafficking, but some expungements for violent offenses require conditions like acquittal, dismissal, or reduction. A granted vacatur would treat the conviction as if it never happened and order removal of records. This relief would apply to arrests or convictions before, on, or after enactment.
Shorter prison terms for trafficking victims
If enacted, a court could reduce a prison term for a person whose federal offense directly resulted from being trafficked. The court must find this by a preponderance of the evidence and consider public safety and the usual sentencing factors. The government must get notice and victims' rights protections apply.
Trafficking duress defense in federal cases
If enacted, defendants could assert a trafficking‑based duress defense to covered federal charges by showing they were victims when the offense occurred. Parts of proceedings about the defense could be sealed until a conviction. Not using the defense at trial would not stop later use of trafficking as mitigation or bar access to federally funded victim programs.
Faster private relief motions process
If enacted, motions to vacate or expunge must be filed in writing and kept under seal. Courts would use a preponderance‑of‑the‑evidence standard and must consider affidavits or testimony from trafficking service providers or clinicians. You would not have to pay any filing, processing, or other fee to file these motions. The court must give written reasons for denials and allow time to fix curable defects, and set quick deadlines if the Government opposes.
Grants, reporting, and victims' protections
If enacted, DOJ must report to Congress within 1 year on training U.S. Attorneys received about trafficking indicators. Each U.S. Attorney must report within 1 year on motions filed and outcomes in their district. GAO must assess the law's impact within 3 years. The Office of Justice Programs and the Office on Violence Against Women could not bar grantees from using grant funds for post‑conviction legal help. The bill would also say it does not change federal crime victims' rights.
Sponsors & CoSponsors
Sponsor
Kirsten Gillibrand
NY • D
Cosponsors
Cindy Hyde-Smith
MS • R
Sponsored 7/10/2025
Christopher Coons
DE • D
Sponsored 7/10/2025
Steve Daines
MT • R
Sponsored 7/10/2025
Peter Welch
VT • D
Sponsored 10/20/2025
John Hickenlooper
CO • D
Sponsored 12/2/2025
Bernie Moreno
OH • R
Sponsored 12/2/2025
Cory Booker
NJ • D
Sponsored 12/9/2025
Catherine Cortez Masto
NV • D
Sponsored 12/10/2025
Roll Call Votes
No roll call votes available for this bill.
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