§3771A — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Lets people who were trafficking victims ask a federal court to undo or erase convictions or arrests that happened because they were trafficked. Child means under 18. Covered prisoner means someone who was convicted of a level A or level B offense, sentenced, and served time. Level A means a nonviolent federal crime. Level B means a violent federal crime but not one where a child was the victim. “Victim of trafficking” and “violent crime” are defined elsewhere. A person convicted of a level A offense can ask the sentencing court to set aside the conviction if the crime happened because they were trafficked. A person arrested for a level A offense can ask the court where they were arrested to expunge the arrest if it was tied to trafficking. A person arrested for a level B offense can ask to expunge the arrest if it was tied to trafficking and they were acquitted, the government dropped or did not pursue charges, or the charge was reduced to level A and then acquitted, dropped, or vacated. The request must be written, name the offense, describe supporting evidence, and include documents. The government has 30 days to oppose. If it does, the court must hold a hearing within 15 days. If the government does not oppose, the court may hold a hearing within 45 days. The court must find, by showing it is more likely than not, that the offense or arrest was a direct result of trafficking. The court must consider an affidavit or sworn statement from an anti‑trafficking service provider or clinician, and that statement alone can be enough if it is credible and other evidence is not available. No other person needs to have been charged or convicted before someone can file. If the court grants relief for a level A conviction, it must set aside the verdict, enter a judgment of acquittal, and order all official records of the arrest, charges, and results to be expunged. Expungement of an arrest removes the arrest and related records and restores the person’s pre‑arrest status. The court that sentenced a covered prisoner may also reduce the prison term on its own or on motion, after notice to the government and after weighing sentencing factors, danger to others, and victims’ interests, if it finds by a preponderance that the offense was caused by trafficking. The court must give full relief and may allow appeals. There is no fee to file. Motions and related papers must be filed under seal, and officials may not make identifying records public. The rules apply to convictions and arrests that happened before, on, or after this law took effect.

Title 18, §3771A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)In this section—

(1)the term “child” means an individual who has not attained 18 years of age;

(2)the term “covered prisoner” means an individual who—

(A)was convicted of a level A offense or level B offense;

(B)was sentenced to a term of imprisonment for the offense described in subparagraph (A); and

(C)is, or was previously, imprisoned or incarcerated under such sentence for a term of imprisonment;

(3)the terms “employee” and “officer” have the meanings given the terms in section 2105 of title 5;

(4)the term “Federal offense” means an offense that is punishable under Federal law;

(5)the term “level A offense” means a Federal offense that is not a violent crime;

(6)the term “level B offense”—

(A)means a Federal offense that is a violent crime; and

(B)does not include a Federal offense that is a violent crime of which a child was a victim;

(7)the term “victim of trafficking” has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); and

(8)the term “violent crime” has the meaning given the term “crime of violence” in section 16(a) of this title.

(b)(1)(A)A person convicted of any level A offense (or an attorney representing such a person) may move the court that imposed the sentence for the level A offense to vacate the judgment of conviction if the level A offense was committed as a direct result of the person having been a victim of trafficking.

(B)A person arrested for any level A offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if the conduct or alleged conduct of the person that resulted in the arrest was directly related to the person having been a victim of trafficking.

(C)A person arrested for any level B offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if—

(i)the conduct or alleged conduct of the movant that resulted in the arrest was directly related to the movant having been a victim of trafficking; and

(ii)(I)the movant was acquitted of the level B offense;

(II)the Government did not pursue, or the Government moved to dismiss, criminal charges against the movant for the level B offense; or

(III)(aa)the charges against the movant for the level B offense were reduced to an offense that is a level A offense; and

(bb)the movant was acquitted of the level A offense, the Government did not pursue, or the Government moved to dismiss, criminal charges against the movant for the level A offense, or any subsequent conviction of the level A offense was vacated.

(2)A motion described in paragraph (1) shall—

(A)be in writing;

(B)describe any supporting evidence;

(C)state the offense; and

(D)include copies of any documents showing that the movant is entitled to relief under this section.

(3)(A)(i)Not later than 30 days after the date on which a motion is filed under paragraph (1), the Government may file a motion in opposition of the motion filed under paragraph (1).

(ii)If the Government files a motion described in clause (i), not later than 15 days after the date on which the motion is filed, the court shall hold a hearing on the motion.

(B)If the Government does not file a motion described in subparagraph (A)(i), the court may hold a hearing on the motion not later than 45 days after the date on which a motion is filed under paragraph (1).

(4)(A)The court may grant a motion under paragraph (1)(A) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that—

(i)the movant was convicted of a level A offense; and

(ii)the participation in the level A offense by the movant was a direct result of the movant having been a victim of trafficking.

(B)The court may grant a motion under paragraph (1)(B) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that—

(i)the movant was arrested for a level A offense; and

(ii)the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking.

(C)The court may grant a motion under paragraph (1)(C) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that—

(i)the movant was arrested for a level B offense and the conduct or alleged conduct that resulted in the arrest was directly related to the movant having been a victim of trafficking; and

(ii)(I)the movant was acquitted of the level B offense;

(II)the Government did not pursue, or the Government moved to dismiss, criminal charges against the movant for the level B offense; or

(III)(aa)the charges against the movant for the level B offense were reduced to a level A offense; and

(5)(A)For purposes of this section, in determining whether the movant is a victim of trafficking, the court—

(i)shall consider an affidavit or sworn testimony of an anti-human trafficking service provider or clinician; and

(ii)may consider any supporting evidence the court determines is of sufficient credibility and probative value, including sworn testimony from a law enforcement officer detailing the role of the movant in coercing other victims of trafficking into committing criminal offenses.

(B)The affidavit or sworn testimony described in subparagraph (A)(i) shall be sufficient evidence to vacate a conviction or expunge an arrest under this section if the court determines that—

(i)the affidavit or sworn testimony is credible; and

(ii)no other evidence is readily available.

(6)It shall not be necessary that any person other than the movant be convicted of or arrested for an offense before the movant may file a motion under paragraph (1).

(7)(A)If the court denies a motion filed under paragraph (1), the denial shall be final, except as provided under subparagraph (C) of this paragraph and subject to the discovery of any new and compelling evidence or information.

(B)If the court denies a motion filed under paragraph (1), the court shall state the reasons for the denial in writing.

(C)If the court denies a motion filed under paragraph (1) due to a curable deficiency in the motion, the court shall allow the movant sufficient time to cure the deficiency.

(8)An order granting or denying a motion under this section may be appealed in accordance with section 1291 of title 28.

(c)(1)If the court grants a motion to vacate a conviction of a level A offense under subsection (b), the court shall immediately—

(A)vacate the conviction for cause;

(B)set aside the verdict and enter a judgment of acquittal; and

(C)enter an expungement order that directs that there be expunged from all official records all references to—

(i)the arrest of the movant for the level A offense;

(ii)the institution of criminal proceedings against the movant relating to the level A offense; and

(iii)the results of the proceedings.

(2)Nothing in this subsection requires a court to amend or remove any fine or restitution order in a criminal or civil proceeding.

(3)If a conviction is vacated under an order entered under paragraph (1), the conviction shall not be regarded as a conviction under Federal law and the movant for whom the conviction was vacated shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such conviction.

(d)(1)If the court grants a motion to expunge all records of an arrest for an offense under subsection (b), the court shall immediately enter an expungement order that directs that there be expunged from all official records all references to—

(A)the arrest of the movant for the offense;

(B)the institution of any criminal proceedings against the movant relating to the offense; and

(C)the results of the proceedings, if any.

(2)If an arrest is expunged under an order entered under paragraph (1) the arrest shall not be regarded as an arrest under Federal law and the movant for whom the arrest is expunged shall be considered to have the status occupied by the movant before the arrest or the institution of the criminal proceedings related to such arrest, if any.

(e)(1)The court that imposed sentence for a level A offense or level B offense upon a covered prisoner may reduce the term of imprisonment for the offense—

(A)upon—

(i)motion by the covered prisoner; or

(ii)the court’s own motion;

(B)after notice to the Government;

(C)after considering—

(i)the factors set forth in section 3553(a);

(ii)the nature and seriousness of the danger to any person, if applicable; and

(iii)the community, or any crime victims; and

(D)if the court finds, by a preponderance of the evidence, that the covered prisoner committed the offense as a direct result of the covered prisoner having been a victim of trafficking.

(2)Any proceeding under this subsection shall be subject to section 3771.

(3)For any motion under paragraph (1), the Government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the covered prisoner in order to assess whether a reduction in sentence would be consistent with this section.

(f)The court shall, upon granting a motion under this section, take any additional action necessary to grant the movant full relief.

(g)A person may not be required to pay a filing fee, service charge, copay fee, processing fee, or any other charge for filing a motion under this section.

(h)(1)A motion under this section and any documents, pleadings, or orders relating to the motion shall be filed under seal.

(2)An officer or employee may not make available for public inspection any report, paper, picture, photograph, court file, or other document, in the custody or possession of the officer or employee, that identifies the movant.

(i)This section shall apply to any conviction or arrest occurring before, on, or after the date of enactment of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (i), is the date of enactment of Pub. L. 119–73, which was approved Jan. 23, 2026.

Statutory Notes and Related Subsidiaries

Rule of

Construction

Nothing in enactment of this section by Pub. L. 119–73 to be construed to conflict with any of the crime victims’ rights described in section 3771 of this title, see section 8 of Pub. L. 119–73, set out as a note under section 28 of this title.

§3771A Motion to vacate; expungement; mitigating factors