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HR4323119th Congress

Trafficking Survivors Relief Act

Sponsored By: Representative Fry, Russell [R-SC-7]

Became Law

Summary

A federal path to vacate convictions and expunge arrests for trafficking survivors creates a clear legal route for people whose crimes were caused by human trafficking to clear records and seek sentence relief. The law also adds a trafficking-specific duress defense in federal cases and builds protections for confidentiality and legal help.

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  • Survivors: It lets eligible survivors move to vacate Level A convictions and expunge Level A arrests, with limited expungement for some Level B arrests, allows sentence reductions when conduct was directly caused by trafficking, applies retroactively, and bars filing fees for these motions.
  • Defendants and courts: It creates a new duress-style defense for trafficking victims in covered federal offenses and requires courts to consider motions under a preponderance standard, including hearing and sealing protections for records tied to those defenses.
  • Federal agencies and services: U.S. Attorneys must report on requests for relief, the Government Accountability Office will evaluate access and outcomes, training on trafficking indicators is required, and federal grant programs cannot bar use of funds for post-conviction representation.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Clear criminal records tied to trafficking

You can ask a court to vacate a conviction or expunge an arrest if the conduct was a direct result of being trafficked. This covers Level A convictions and arrests, and Level B arrests that ended in acquittal, dismissal, or were reduced and later cleared. There are no filing or processing fees, and filings are under seal. The judge decides by a preponderance of the evidence and can rely on credible affidavits from anti-trafficking providers when other evidence is hard to get. The government has 30 days to oppose; if it does, the court holds a hearing within 15 days, otherwise within 45 days. Relief applies to arrests or convictions from before, on, or after enactment.

New duress defense for trafficking victims

If you face a covered federal charge, you can claim duress by showing you were a trafficking victim when the act happened. The court can seal records about the defense until a conviction is entered. Not using, or losing, this defense does not block you from arguing for a lighter sentence or post‑conviction relief later. It also cannot be used to deny you access to federally funded victim help programs.

Shorter prison terms for trafficking survivors

If you are serving time for a Level A or Level B offense caused by trafficking, you can ask the court to cut your sentence. The judge must find by a preponderance of the evidence that trafficking directly caused the offense. The judge weighs normal sentencing factors and any danger to others, and victims’ rights apply. Prosecutors must review the original sentencing facts for the court.

Grants can fund post-conviction legal help

The Office of Justice Programs and the Office on Violence Against Women cannot ban grantees from using grant funds for post‑conviction relief representation. This opens more funding paths for lawyers to help survivors clear records and seek relief.

Crime victims' rights stay in place

The law keeps crime victims’ rights under 18 U.S.C. 3771 in force. The new record‑clearing, sentencing, and defense rules do not override those rights.

Sponsors & CoSponsors

Sponsor

Fry, Russell [R-SC-7]

SC • R

Cosponsors

  • Rep. Wagner, Ann [R-MO-2]

    MO • R

    Sponsored 7/10/2025

  • Rep. Johnson, Henry C. "Hank" [D-GA-4]

    GA • D

    Sponsored 7/10/2025

  • Rep. Thompson, Mike [D-CA-4]

    CA • D

    Sponsored 7/14/2025

  • Rep. Lieu, Ted [D-CA-36]

    CA • D

    Sponsored 7/14/2025

  • Rep. Owens, Burgess [R-UT-4]

    UT • R

    Sponsored 7/16/2025

  • Rep. McBride, Sarah [D-DE-At Large]

    DE • D

    Sponsored 7/21/2025

  • Rep. Kean, Thomas H. [R-NJ-7]

    NJ • R

    Sponsored 7/29/2025

  • Rep. Smith, Christopher H. [R-NJ-4]

    NJ • R

    Sponsored 7/29/2025

  • Rep. Kiley, Kevin [I-CA-3]

    CA • I

    Sponsored 8/8/2025

  • Rep. Schmidt, Derek [R-KS-2]

    KS • R

    Sponsored 8/8/2025

  • Rep. Carter, Earl L. "Buddy" [R-GA-1]

    GA • R

    Sponsored 8/8/2025

  • Rep. Dingell, Debbie [D-MI-6]

    MI • D

    Sponsored 8/12/2025

  • Rep. Rutherford, John H. [R-FL-5]

    FL • R

    Sponsored 8/12/2025

  • Rep. Self, Keith [R-TX-3]

    TX • R

    Sponsored 8/12/2025

  • Rep. Harris, Mark [R-NC-8]

    NC • R

    Sponsored 8/15/2025

  • Rep. Miller, Max L. [R-OH-7]

    OH • R

    Sponsored 9/3/2025

  • Rep. García, Jesús G. "Chuy" [D-IL-4]

    IL • D

    Sponsored 9/4/2025

  • Rep. Vindman, Eugene Simon [D-VA-7]

    VA • D

    Sponsored 9/9/2025

  • Rep. Landsman, Greg [D-OH-1]

    OH • D

    Sponsored 9/10/2025

Roll Call Votes

No roll call votes available for this bill.

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