‘‘(III)(aa) the charges against the 
movant for the level C offense were re-
duced to a level A offense; and 
‘‘(bb) the movant was acquitted of the 
level A offense, the Government did not 
pursue or dismissed criminal charges 
against the movant for the level A offense, 
or any subsequent conviction of that level 
A offense was vacated. 
‘‘(5) SUPPORTING EVIDENCE.— 
‘‘(A) REBUTTABLE
PRESUMPTION.—For 
purposes of this subsection, there shall be a re-
buttable presumption that the movant is a vic-
tim of trafficking if the movant includes in the 
motion— 
‘‘(i) a copy of an official record, cer-
tification, or eligibility letter from a Fed-
eral, State, Tribal, or local proceeding, in-
cluding an approval notice or an enforce-
ment certification generated from a Fed-
eral immigration proceeding, that shows 
that the movant was a victim of traf-
ficking, including a victim of a trafficker 
charged with a violation of chapter 77; or 
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‘‘(ii) an affidavit or sworn testimony 
from a trained professional staff member 
of a victim services organization, an attor-
ney, a member of the clergy, a medical 
professional, or another professional from 
whom the movant has sought assistance in 
addressing the trauma associated with 
being a victim of trafficking. 
‘‘(B) OTHER EVIDENCE.— 
‘‘(i) IN
GENERAL.—For purposes of 
this section, in determining whether the 
movant is a victim of trafficking, the court 
may consider any other evidence the court 
determines is of sufficient credibility and 
probative value, including an affidavit or 
sworn testimony of the movant. 
‘‘(ii) AFFIDAVIT
OR
SWORN
TESTI-
MONY
OF
MOVANT
SUFFICIENT
EVI-
DENCE.—The affidavit or sworn testimony 
of the movant described in clause (i) shall 
be sufficient evidence to vacate a convic-
tion or expunge an arrest under this sec-
tion if the court determines that— 
‘‘(I) the affidavit or sworn testi-
mony is credible; and 
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‘‘(II) no other evidence is readily 
available. 
‘‘(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. 
‘‘(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.— 
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‘‘(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 vacate 
the conviction for cause, set aside the verdict and 
enter a judgment of acquittal, and enter an 
expungement order that directs that there be ex-
punged from all official records all references to— 
‘‘(A) the arrest of the movant for the level 
A offense; 
‘‘(B) the institution of criminal pro-
ceedings against the movant relating to the 
level A offense; and 
‘‘(C) the results of the proceedings. 
‘‘(2) EFFECT.—If a conviction is vacated under 
an order entered under paragraph (1)— 
‘‘(A) the conviction shall not be regarded 
as a conviction under Federal law and the mov-
ant 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 convic-
tion; and 
‘‘(B) no alien may be removed, determined 
to be inadmissible, or lose any immigration ben-
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efit because of such conviction, arrest, or insti-
tution of criminal proceedings. 
‘‘(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 
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)— 
‘‘(A) the arrest shall not be regarded as an 
arrest under Federal law and the movant for 
whom the arrest is expunged shall be consid-
ered to have the status occupied by the movant 
before the arrest or the institution of the crimi-
nal proceedings related to such arrest, if any; 
and 
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‘‘(B) no alien may be removed, determined 
to be inadmissible, or lose any immigration ben-
efit because of arrest or institution of criminal 
proceedings, if any. 
‘‘(e) MITIGATING FACTORS.— 
‘‘(1) IN
GENERAL.—The court that imposed 
sentence for a level B offense upon a covered pris-
oner may reduce the term of imprisonment for the 
level B 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; and 
‘‘(iii) the community, or any crime 
victims; and 
‘‘(D) if the court finds, by clear and con-
vincing evidence, that the covered prisoner com-
mitted the level B offense as a direct result of 
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