SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAF-
FICKING. 
(a) IN GENERAL.—Chapter 237 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3771A. Motion to vacate; expungement; mitigating 
factors 
‘‘(a) DEFINITIONS.—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 indi-
vidual who— 
‘‘(A) was convicted of a level A offense or 
level B offense; 
‘‘(B) was sentenced to a term of imprison-
ment for the offense described in subparagraph 
(A); and 
‘‘(C) is imprisoned under such term of im-
prisonment; 
‘‘(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 of-
fense 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’— 
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‘‘(A) means a Federal offense that is a vio-
lent crime; and 
‘‘(B) does not include a Federal offense 
that is a violent crime of which a child was a 
victim; 
‘‘(7) the term ‘level C offense’ means any Fed-
eral offense that is not a level A offense; 
‘‘(8) the term ‘victim of trafficking’ has the 
meaning given that term in section 103 of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 
7102); and 
‘‘(9) the term ‘violent crime’ has the meaning 
given that term in section 103 of the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (34 
U.S.C. 11103). 
‘‘(b) MOTIONS TO VACATE CONVICTIONS OR EX-
PUNGE ARRESTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CONVICTIONS
OF
LEVEL
A
OF-
FENSES.—A person convicted of any level A of-
fense (or an attorney representing such a per-
son) may move the court that imposed the sen-
tence for the level A offense to vacate the judg-
ment of conviction if the level A offense was 
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committed as a direct result of the person hav-
ing been a victim of trafficking. 
‘‘(B) ARRESTS FOR LEVEL A OFFENSES.— 
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 di-
rectly related to the person having been a vic-
tim of trafficking. 
‘‘(C) ARRESTS FOR LEVEL C OFFENSES.— 
A person arrested for any level C 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 C offense; 
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‘‘(II) the Government did not pursue, 
or the Government moved to dismiss, 
criminal charges against the movant for 
the level C offense; or 
‘‘(III)(aa) the charges against the 
movant for the level C offense were re-
duced to an offense that is a level A of-
fense; and 
‘‘(bb) the movant was acquitted of the 
level A offense, the Government did not 
pursue, or the Government moved to dis-
miss, criminal charges against the movant 
for the level A offense, or any subsequent 
conviction of the level A offense was va-
cated. 
‘‘(2) CONTENTS
OF
MOTION.—A motion de-
scribed 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) HEARING.— 
‘‘(A) MANDATORY HEARING.— 
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‘‘(i) MOTION
IN
OPPOSITION.—Not 
later than 30 days after the date on which 
a motion is filed under paragraph (1), the 
Government may file a motion in opposi-
tion of the motion filed under paragraph 
(1). 
‘‘(ii) MANDATORY
HEARING.—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) DISCRETIONARY
HEARING.—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) FACTORS.— 
‘‘(A) VACATING CONVICTIONS OF LEVEL A 
OFFENSES.—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 evi-
dence, that— 
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‘‘(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 traf-
ficking. 
‘‘(B) EXPUNGING ARRESTS FOR LEVEL A 
OFFENSES.—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 evi-
dence, 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 re-
lated to the movant having been a victim 
of trafficking. 
‘‘(C) EXPUNGING ARRESTS FOR LEVEL C 
OFFENSES.—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 evi-
dence, that— 
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affidavit or sworn testimony of a licensed anti- 
human trafficking service provider or clinician. 
The court may consider any supporting evi-
dence the court determines is of sufficient credi-
bility and probative value, including sworn testi-
mony from a law enforcement officer detailing 
the role of the movant in coercing other victims 
into committing Federal offenses. 
‘‘(B) AFFIDAVIT
OR
SWORN
TESTIMONY 
SUFFICIENT
EVIDENCE.—The 
affidavit 
or 
sworn testimony described in subparagraph (A) 
shall be sufficient evidence to vacate a convic-
tion 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 avail-
able. 
‘‘(6) CONVICTION OR ARREST OF OTHER PER-
SONS
NOT
REQUIRED.—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) DENIAL OF MOTION.— 
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‘‘(A) IN GENERAL.—If the court denies a 
motion filed under paragraph (1), the denial 
shall be final, subject to the discovery of any 
new and compelling evidence or information. 
‘‘(B) REASONS FOR DENIAL.—If the court 
denies a motion filed under paragraph (1), the 
court shall state the reasons for the denial in 
writing. 
‘‘(C) REASONABLE TIME TO CURE DEFI-
CIENCIES IN MOTION.—If the motion was de-
nied due to a curable deficiency in the motion, 
the court shall allow the movant sufficient time 
to cure the deficiency. 
‘‘(8) APPEAL.—An order granting or denying a 
motion under this section may be appealed in ac-
cordance with section 1291 of title 28. 
‘‘(c) VACATUR OF CONVICTIONS.— 
‘‘(1) IN GENERAL.—If the court grants a mo-
tion 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 
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‘‘(C) enter an expungement order that di-
rects 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 pro-
ceedings against the movant relating to the 
level A offense; and 
‘‘(iii) the results of the proceedings. 
‘‘(2) LIMITATION.—Nothing in this subsection 
requires a court to amend, impose, or remove any 
fine or restitution order in a criminal or civil pro-
ceeding. 
‘‘(3) EFFECT.—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 va-
cated 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) EXPUNGEMENT OF ARRESTS.— 
‘‘(1) IN GENERAL.—If the court grants a mo-
tion to expunge all records of an arrest for an of-
fense under subsection (b), the court shall imme-
diately enter an expungement order that directs that 
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there be expunged from all official records all ref-
erences to— 
‘‘(A) the arrest of the movant for the of-
fense; 
‘‘(B) the institution of any criminal pro-
ceedings against the movant relating to the of-
fense; and 
‘‘(C) the results of the proceedings, if any. 
‘‘(2) EFFECT.—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) MITIGATING FACTORS.— 
‘‘(1) IN
GENERAL.—The court that imposed 
sentence for a level A offense or level B offense upon 
a covered prisoner may reduce the term of imprison-
ment for the offense— 
‘‘(A) upon— 
‘‘(i) motion by the covered prisoner or 
the Director of the Bureau of Prisons; or 
‘‘(ii) the court’s own motion; 
‘‘(B) after notice to the Government; 
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‘‘(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 com-
mitted the offense as a direct result of the cov-
ered prisoner having been a victim of traf-
ficking. 
‘‘(2) REQUIREMENT.—Any proceeding under 
this subsection shall be subject to section 3771. 
‘‘(3) PARTICULARIZED INQUIRY.—For any mo-
tion under paragraph (1), the Government shall con-
duct a particularized inquiry of the facts and cir-
cumstances of the original sentencing of the covered 
prisoner in order to assess whether a reduction in 
sentence would be consistent with this section. 
‘‘(f) ADDITIONAL ACTIONS BY COURT.—The court 
shall, upon granting a motion under this section, take any 
additional action necessary to grant the movant full relief. 
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‘‘(g) NO FEES.—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) CONFIDENTIALITY OF MOVANT.— 
‘‘(1) IN GENERAL.—A motion under this sec-
tion and any documents, pleadings, or orders relat-
ing to the motion shall be filed under seal. 
‘‘(2) INFORMATION NOT AVAILABLE FOR PUB-
LIC INSPECTION.—An officer or employee may not 
make available for public inspection any report, 
paper, picture, photograph, court file, or other docu-
ment, in the custody or possession of the officer or 
employee, that identifies the movant. 
‘‘(i) APPLICABILITY.—This section shall apply to any 
conviction or arrest occurring before, on, or after the date 
of enactment of this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections of chapter 237 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘3771A. Motion to vacate; expungement; mitigating factors.’’. 
SEC. 3. REPORTS. 
(a) UNITED
STATES
ATTORNEY
MOTIONS
FOR 
VACATUR
OR EXPUNGEMENT.—Not later than 1 year 
after the date of enactment of this Act, each United States 
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attorney shall submit to the Attorney General a report 
that details— 
(1) the number of motions for vacatur or 
expungement filed under section 3771A of title 18, 
United States Code, as added by section 2, in the 
district of the United States attorney; and 
(2) for each motion described in paragraph 
(1)— 
(A) the underlying offense; 
(B) the response of the United States at-
torney to the motion; and 
(C) the final determination of the court 
with respect to the motion. 
(b) UNITED
STATES
ATTORNEY
TRAINING
ON 
HUMAN TRAFFICKING INDICATORS.—Not later than 1 
year after the date of enactment of this Act, the Attorney 
General shall submit to Congress a report that details all 
professional training received by United States attorneys 
on indicators of human trafficking during the preceding 
12-month period. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not 
later than 3 years after the date of enactment of this Act, 
the Comptroller General of the United States shall submit 
to Congress a report that— 
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(1) assesses the impact of the enactment of sec-
tion 3771A of title 18, United States Code, as added 
by section 2; and 
(2) includes— 
(A) the number of human trafficking sur-
vivors who have filed motions for vacatur or 
expungement under such section 3771A; 
(B) the final determination of each court 
that adjudicated a motion described in subpara-
graph (A); 
(C) recommendations to increase access to 
post-conviction relief for human trafficking sur-
vivors with Federal criminal records; and 
(D) recommendations for improving the 
implementation and tracking of professional 
training of United States attorneys on indica-
tors of human trafficking. 
SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF 
REPRESENTATION. 
The Office of Justice Programs or the Office on Vio-
lence Against Women, in awarding a grant that may be 
used for legal representation, may not prohibit a recipient 
from using the grant for legal representation for post-con-
viction relief. 
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SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) this Act is a first step to address the chang-
ing tactics of human traffickers, who are using 
forced criminality as a form of force, fraud, and co-
ercion in their human trafficking enterprises; and 
(2) Congress is committed to continuing to find 
solutions as needed to thwart human traffickers and 
protect survivors of human trafficking. 
SEC. 6. HUMAN TRAFFICKING DEFENSE. 
(a) IN GENERAL.—Chapter 1 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 28. Human trafficking defense 
‘‘(a) DEFINITION.—In this section, the term ‘covered 
Federal offense’ means a level A offense or level B offense, 
as those terms are defined in section 3771A. 
‘‘(b) PRESUMPTION OF DURESS.—In a prosecution 
for a covered Federal offense, a defendant who establishes 
by clear and convincing evidence that the defendant was 
a victim of trafficking at the time at which the defendant 
committed the offense shall create a rebuttable presump-
tion that the offense was induced by duress. 
‘‘(c) RECORD OR PROCEEDING UNDER SEAL.—In 
any proceeding in which a defense under subsection (b) 
is raised, any record or part of the proceeding related to 
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the defense shall, on motion, be placed under seal until 
such time as a conviction is entered for the offense. 
‘‘(d) POST-CONVICTION RELIEF.—A failure to assert, 
or failed assertion of, a defense under subsection (b) by 
an individual who is convicted of a covered Federal offense 
may not preclude the individual from asserting as a miti-
gating factor, at sentencing or in a proceeding for any 
post-conviction relief, that at the time of the commission 
of the offense, the defendant was a victim of trafficking 
and committed the offense under duress. 
‘‘(e) FEDERAL AID.—A failure to assert, or failed as-
sertion of, a defense under subsection (b) by an individual 
who is convicted of a covered Federal offense may not be 
used for the purpose of disqualifying the individual from 
participating in any federally funded program that aids 
victims of human trafficking.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 1 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘28. Human trafficking defense.’’. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, may be construed to conflict with any of the crime 
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victims’ rights described in section 3771 of title 18, United 
States Code. 
Æ 
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