I 
117TH CONGRESS 
2D SESSION 
H. R. 8672 
To provide for the vacating of certain convictions and expungement of certain 
arrests of victims of human trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 5, 2022 
Mr. OWENS (for himself, Mr. LIEU, Mr. JEFFRIES, and Mrs. WAGNER) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To provide for the vacating of certain convictions and 
expungement of certain arrests of victims of human traf-
ficking. 
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 2022’’. 
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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: 
‘‘§ 3772. 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— 
‘‘(A) convicted of a level B offense before 
or after the date of enactment of this section; 
‘‘(B) sentenced to a term of imprisonment 
for the level B offense; and 
‘‘(C) imprisoned under such term of im-
prisonment; 
‘‘(3) the term ‘eligible entity’ includes— 
‘‘(A) a legal aid society or legal services or-
ganization that provides indigent legal services; 
‘‘(B) a nonprofit organization that provides 
legal services to victims of trafficking; and 
‘‘(C) a public defender’s office; 
‘‘(4) the terms ‘employee’ and ‘officer’ have the 
meanings given the terms in section 2105 of title 5; 
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‘‘(5) the term ‘Federal offense’ means an of-
fense that is punishable under Federal law; 
‘‘(6) the term ‘level A offense’— 
‘‘(A) means a Federal offense that is not— 
‘‘(i) a violent crime; or 
‘‘(ii) an offense of which a child was 
a victim; and 
‘‘(B) includes— 
‘‘(i) a conspiracy to commit an offense 
described in subparagraph (A)(i) of which 
a child was not a victim; and 
‘‘(ii) a conspiracy to commit an of-
fense described in subparagraph (A)(ii) 
that is not a violent crime; 
‘‘(7) the term ‘level B offense’— 
‘‘(A) means a Federal offense that is a vio-
lent crime; 
‘‘(B) does not include a Federal offense 
that is a violent crime of which a child was a 
victim; and 
‘‘(C) includes a conspiracy to commit an 
offense described in subparagraph (B); 
‘‘(8) the term ‘level C offense’ means any Fed-
eral offense that is not a level A offense; 
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‘‘(9) 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 
‘‘(10) 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 eligible entity representing such a 
person) may move 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) ARRESTS FOR LEVEL A OFFENSES.— 
A person arrested for any level A offense (or an 
eligible entity representing such a person) may 
move 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. 
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‘‘(C) ARRESTS FOR LEVEL C OFFENSES.— 
A person arrested for any level C offense (or an 
eligible entity representing such a person) may 
move 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; 
‘‘(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 
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 dismissed criminal charges 
against the movant for the level A offense, 
or any subsequent conviction of the level A 
offense was vacated. 
‘‘(D) TRAFFICKING
OFFENSE
UNNECES-
SARY.—A person may file a motion under this 
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section regardless of whether any individual, in-
cluding the individual accused of trafficking the 
person, has been arrested, prosecuted, or con-
victed for an offense related to human traf-
ficking. 
‘‘(E) RULE OF CONSTRUCTION.—Nothing 
in this section shall be construed to apply to 
any arrest, prosecution, or conviction for an of-
fense that is not the direct result of human 
trafficking. 
‘‘(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.— 
‘‘(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-
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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 clear and convincing evi-
dence, 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 
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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 clear and convincing 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 clear and convincing evi-
dence, that— 
‘‘(i) the movant was arrested for a 
level C offense and the conduct or alleged 
conduct that resulted in the arrest was di-
rectly related to the movant having been a 
victim of trafficking; and 
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‘‘(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 
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-
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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 
‘‘(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-
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tion or expunge an arrest under this sec-
tion if the court determines that— 
‘‘(I) the affidavit or sworn testi-
mony is credible; and 
‘‘(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. 
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‘‘(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 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 
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the criminal proceedings related to such convic-
tion; and 
‘‘(B) no alien may be removed, determined 
to be inadmissible, or lose any immigration ben-
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 
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‘‘(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 
the covered prisoner having been a victim of 
trafficking. 
‘‘(2) REBUTTABLE
PRESUMPTION.—For the 
purposes of this subsection, there shall be a rebutta-
ble presumption that a covered prisoner is a victim 
of trafficking if the covered prisoner provides— 
‘‘(A) a copy of an official record, certifi-
cation, or eligibility letter from a Federal, 
State, Tribal, or local proceeding, including an 
approval notice or an enforcement certification 
generated from a Federal immigration pro-
ceeding, that shows that the covered prisoner 
was a victim of trafficking, including a victim 
of a trafficker charged with a violation of chap-
ter 77; or 
‘‘(B) an affidavit or sworn testimony from 
a trained professional staff member of a victim 
services organization, an attorney, a member of 
the clergy, a medical professional, or another 
professional from whom the covered prisoner 
has sought assistance in addressing the trauma 
associated with being a victim of trafficking. 
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‘‘(3) REQUIREMENT.—Any proceeding under 
this subsection shall be subject to section 3771. 
‘‘(4) 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 
may, upon granting a motion under this section, take such 
additional action as the court determines is appropriate. 
‘‘(g) 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. 
‘‘(h) APPLICABILITY.—This section shall apply to any 
conviction or arrest occurring before, on, or after the date 
of enactment of this section.’’. 
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(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: 
‘‘3772. Motion to vacate; expungement; mitigating factors.’’. 
SEC. 3. REPORTS. 
(a) UNITED STATES ATTORNEYS.—Not later than 1 
year after the date of enactment of this Act, each United 
States attorney shall submit to the Attorney General a re-
port that details— 
(1) the number of motions for vacatur or 
expungement filed under section 3772 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) 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 3772 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 3772; 
(B) the final determination of each court 
that adjudicated a motion described in subpara-
graph (A); and 
(C) recommendations to increase access to 
post-conviction relief for human trafficking sur-
vivors with Federal criminal records. 
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 
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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 3772. 
‘‘(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 
the defense shall, on motion, be placed under seal until 
such time as a conviction is entered for the offense. 
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