IB 
Union Calendar No. 702 
118TH CONGRESS 
2D SESSION 
H. R. 7137 
[Report No. 118–863] 
To provide for the vacating of certain convictions and expungement of certain 
arrests of victims of human trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2024 
Mr. FRY (for himself, Mr. LIEU, Mrs. WAGNER, Mr. ROBERT GARCIA of Cali-
fornia, Mr. DONALDS, Mr. LANGWORTHY, Mr. MOORE of Alabama, Mr. 
TIMMONS, Ms. MACE, Mr. WILSON of South Carolina, Mr. LATURNER, 
Mrs. HOUCHIN, Mr. KEAN of New Jersey, Mrs. MILLER of Illinois, Mr. 
ROUZER, and Ms. JACKSON LEE) introduced the following bill; which was 
referred to the Committee on the Judiciary 
DECEMBER 11, 2024 
Additional sponsors: Mr. JOHNSON of Georgia, Mr. LAWLER, Ms. BUDZINSKI, 
Ms. MOORE of Wisconsin, Ms. CASTOR of Florida, Mrs. PELTOLA, Ms. 
LOIS FRANKEL of Florida, Mr. OWENS, Mr. SMITH of New Jersey, Mr. 
MILLER of Ohio, Mrs. LESKO, Mr. LANDSMAN, Mr. COLLINS, Mr. 
FROST, Mrs. DINGELL, Mr. BIGGS, Mrs. CAMMACK, Ms. LOFGREN, Mr. 
NADLER, Ms. ROSS, Ms. DEAN of Pennsylvania, Mr. SWALWELL, and Mr. 
BERA 
DECEMBER 11, 2024 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 30, 2024] 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
A BILL 
To provide for the vacating of certain convictions and 
expungement of certain arrests of victims of human traf-
ficking. 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trafficking Survivors 
Relief Act of 2024’’. 
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 following: 
‘‘§ 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; 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(4) the term ‘Federal offense’ means an offense 
that is punishable under Federal law; 
‘‘(5) the term ‘level A offense’ means a Federal 
offense that is not a violent crime; 
‘‘(6) the term ‘level B offense’— 
‘‘(A) means a Federal offense that is a vio-
lent crime; and 
‘‘(B) does not include a Federal offense that 
is a violent crime of which a child was a victim; 
‘‘(7) the term ‘level C offense’ means any Federal 
offense that is not a level A offense; 
‘‘(8) the term ‘victim of trafficking’ has the 
meaning given that term in section 103 of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 
7102); and 
‘‘(9) the term ‘violent crime’ has the meaning 
given that term in section 103 of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (34 U.S.C. 
11103). 
‘‘(b) MOTIONS TO VACATE CONVICTIONS OR EXPUNGE 
ARRESTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) 
CONVICTIONS
OF
LEVEL
A
OF-
FENSES.—A person convicted of any level A of-
fense (or an attorney representing such a person) 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
may move the court that imposed the sentence for 
the level A offense to vacate the judgment of con-
viction if the level A offense was committed as a 
direct result of the person having been a victim 
of trafficking. 
‘‘(B) ARRESTS FOR LEVEL A OFFENSES.—A 
person arrested for any level A offense (or an at-
torney representing such a person) may move the 
district court of the United States for the district 
and division embracing the place where the per-
son was arrested to expunge all records of the ar-
rest if the conduct or alleged conduct of the per-
son that resulted in the arrest was directly re-
lated to the person having been a victim of traf-
ficking. 
‘‘(C) ARRESTS FOR LEVEL C OFFENSES.—A 
person arrested for any level C offense (or an at-
torney representing such a person) may move the 
district court of the United States for the district 
and division embracing the place where the per-
son was arrested to expunge all records of the ar-
rest if— 
‘‘(i) the conduct or alleged conduct of 
the movant that resulted in the arrest was 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
directly related to the movant having been 
a victim of trafficking; and 
‘‘(ii)(I) the movant was acquitted of 
the level C offense; 
‘‘(II) the Government did not pursue 
or dismissed criminal charges against the 
movant for the level C offense; or 
‘‘(III)(aa) the charges against the mov-
ant for the level C offense were reduced to 
an offense that is a level A offense; and 
‘‘(bb) the movant was acquitted of the 
level A offense, the Government did not pur-
sue or dismissed criminal charges against 
the movant for the level A offense, or any 
subsequent conviction of the level A offense 
was vacated. 
‘‘(2) CONTENTS OF MOTION.—A motion described 
in paragraph (1) shall— 
‘‘(A) be in writing; 
‘‘(B) describe any supporting evidence; 
‘‘(C) state the offense; and 
‘‘(D) include copies of any documents show-
ing that the movant is entitled to relief under 
this section. 
‘‘(3) HEARING.— 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(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 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 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 evidence, 
that— 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) the movant was arrested for a level 
C offense and the conduct or alleged conduct 
that resulted in the arrest was directly re-
lated to the movant having been a victim of 
trafficking; and 
‘‘(ii)(I) the movant was acquitted of 
the level C offense; 
‘‘(II) the Government did not pursue 
or dismissed criminal charges against the 
movant for the level C offense; or 
‘‘(III)(aa) the charges against the mov-
ant for the level C offense were reduced to 
a level A offense; and 
‘‘(bb) the movant was acquitted of the 
level A offense, the Government did not pur-
sue or dismissed criminal charges against 
the movant for the level A offense, or any 
subsequent conviction of that level A offense 
was vacated. 
‘‘(5) OTHER EVIDENCE.— 
‘‘(A) IN
GENERAL.—For purposes of this 
section, in determining whether the movant is a 
victim of trafficking, the court shall consider an 
affidavit or sworn testimony of a licensed anti- 
human trafficking service provider or clinician. 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
The court may consider any other 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 into commit-
ting Federal offenses. 
‘‘(B) AFFIDAVIT OR SWORN TESTIMONY SUF-
FICIENT EVIDENCE.—The affidavit or sworn tes-
timony described in subparagraph (A) shall be 
sufficient evidence to vacate a conviction or ex-
punge 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.— 
‘‘(A) IN GENERAL.—If the court denies a 
motion filed under paragraph (1), the denial 
shall be without prejudice. 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(B) REASONS FOR DENIAL.—If the court 
denies a motion filed under paragraph (1), the 
court shall state the reasons for the denial in 
writing. 
‘‘(C) REASONABLE
TIME
TO
CURE
DEFI-
CIENCIES IN MOTION.—If the motion was denied 
due to a curable deficiency in the motion, the 
court shall allow the movant sufficient time to 
cure the deficiency. 
‘‘(8) APPEAL.—An order granting or denying a 
motion under this section may be appealed in accord-
ance with section 1291 of title 28. 
‘‘(c) VACATUR OF CONVICTIONS.— 
‘‘(1) IN GENERAL.—If the court grants a motion 
to vacate a conviction of a level A offense under sub-
section (b), the court shall immediately— 
‘‘(A) vacate the conviction for cause; 
‘‘(B) set aside the verdict and enter a judg-
ment of acquittal; 
‘‘(C) enter an expungement order that di-
rects that there be expunged from all official 
records all references to— 
‘‘(i) the arrest of the movant for the 
level A offense; 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(ii) the institution of criminal pro-
ceedings against the movant relating to the 
level A offense; and 
‘‘(iii) the results of the proceedings; 
and 
‘‘(D) return to the movant any fine, fee, 
cost, or restitution associated with the conviction 
and paid by the movant. 
‘‘(2) 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 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 pro-
ceedings against the movant relating to the of-
fense; and 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(C) the results of the proceedings, if any. 
‘‘(2) EFFECT.—If an arrest is expunged under 
an order entered under paragraph (1) the arrest shall 
not be regarded as an arrest under Federal law and 
the movant for whom the arrest is expunged shall be 
considered to have the status occupied by the movant 
before the arrest or the institution of the criminal 
proceedings related to such arrest, if any. 
‘‘(e) MITIGATING FACTORS.— 
‘‘(1) IN GENERAL.—The court that imposed sen-
tence for a level A offense or level B offense upon a 
covered prisoner may reduce the term of imprison-
ment for the offense— 
‘‘(A) upon— 
‘‘(i) motion by the covered prisoner or 
the Director of the Bureau of Prisons; or 
‘‘(ii) the court’s own motion; 
‘‘(B) after notice to the Government; 
‘‘(C) after considering— 
‘‘(i) the factors set forth in section 
3553(a); 
‘‘(ii) the nature and seriousness of the 
danger to any person, if applicable; and 
‘‘(iii) the community, or any crime 
victims; and 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(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 covered 
prisoner having been a victim of trafficking. 
‘‘(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. 
‘‘(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 section 
and any documents, pleadings, or orders relating to 
the motion shall be filed under seal. 
‘‘(2) INFORMATION NOT AVAILABLE FOR PUBLIC 
INSPECTION.—An officer or employee may not make 
available for public inspection any report, paper, pic-
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
ture, photograph, court file, or other document, in the 
custody or possession of the officer or employee, that 
identifies the movant. 
‘‘(i) APPLICABILITY.—This section shall apply to any 
conviction or arrest occurring before, on, or after the date 
of enactment of this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections of chapter 237 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘3771A. Motion to vacate; expungement; mitigating factors.’’. 
SEC. 3. REPORTS. 
(a) UNITED
STATES
ATTORNEY
MOTIONS
FOR 
VACATUR OR EXPUNGEMENT.—Not later than 1 year after 
the date of enactment of this Act, each United States attor-
ney shall submit to the Attorney General a report that de-
tails— 
(1) the number of motions for vacatur or 
expungement filed under section 3771A of title 18, 
United States Code, as added by section 2, in the dis-
trict of the United States attorney; and 
(2) for each motion described in paragraph 
(1)— 
(A) the underlying offense; 
(B) the response of the United States attor-
ney to the motion; and 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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— 
(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 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(D) recommendations for improving the im-
plementation and tracking of professional train-
ing of United States attorneys on indicators of 
human trafficking. 
SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF 
REPRESENTATION. 
The Office of Justice Programs or the Office on Vio-
lence Against Women, in awarding a grant that may be 
used for legal representation, may not prohibit a recipient 
from using the grant for legal representation for post-con-
viction relief. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) this Act is a first step to address the chang-
ing tactics of human traffickers, who are using forced 
criminality as a form of force, fraud, and coercion in 
their human trafficking enterprises; and 
(2) Congress is committed to continuing to find 
solutions as needed to thwart human traffickers and 
protect survivors of human trafficking. 
SEC. 6. HUMAN TRAFFICKING DEFENSE. 
(a) IN GENERAL.—Chapter 1 of title 18, United States 
Code, is amended by adding at the end the following: 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘§ 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 vic-
tim of trafficking at the time at which the defendant com-
mitted the offense shall create a rebuttable presumption 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 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 com-
mitted 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 
VerDate Sep 11 2014 
23:19 Dec 11, 2024
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H7137.RH
H7137
kjohnson on DSK7ZCZBW3PROD with $$_JOB