SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trafficking Survivors 
Relief Act’’. 
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, or was previously, imprisoned or 
incarcerated under such sentence for a term of 
imprisonment; 
‘‘(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’— 
‘‘(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 ‘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 
‘‘(8) the term ‘violent crime’ has the meaning 
given the term ‘crime of violence’ in section 16(a) of 
this title. 
‘‘(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 
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 B OFFENSES.— 
A person arrested for any level B 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 B offense; 
‘‘(II) the Government did not pursue, 
or the Government moved to dismiss, 
criminal charges against the movant for 
the level B offense; or 
‘‘(III)(aa) the charges against the 
movant for the level B 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.— 
‘‘(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— 
‘‘(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 B 
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— 
‘‘(i) the movant was arrested for a 
level B 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 
‘‘(ii)(I) the movant was acquitted of 
the level B offense; 
‘‘(II) the Government did not pursue, 
or the Government moved to dismiss, 
criminal charges against the movant for 
the level B offense; or 
‘‘(III)(aa) the charges against the 
movant for the level B 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 the Government moved to dis-
miss, criminal charges against the movant 
for the level A offense, or any subsequent 
conviction of that level A offense was va-
cated. 
‘‘(5) SUPPORTING EVIDENCE.—
‘‘(A) IN GENERAL.—For purposes of this 
section, in determining whether the movant is a 
victim of trafficking, the court— 
‘‘(i) shall consider an affidavit or 
sworn testimony of an anti-human traf-
ficking service provider or clinician; and 
‘‘(ii) may consider any supporting evi-
dence 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 of trafficking into 
committing criminal offenses. 
‘‘(B) AFFIDAVIT
OR
SWORN
TESTIMONY 
SUFFICIENT
EVIDENCE.—The 
affidavit 
or 
sworn testimony described in subparagraph 
(A)(i) shall be sufficient evidence to vacate a 
conviction or expunge an arrest under this sec-
tion 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) FINALITY.—If the court denies a mo-
tion filed under paragraph (1), the denial shall 
be final, except as provided under subparagraph 
(C) of this paragraph and subject to the dis-
covery 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 court denies a 
motion filed under paragraph (1) due to a cur-
able deficiency in the motion, the court shall 
allow the movant sufficient time to cure the de-
ficiency. 
‘‘(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 
‘‘(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 or remove any fine or res-
titution order in a criminal or civil proceeding. 
‘‘(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.