H. R. 4323 
One Hundred Nineteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and twenty-five 
An Act 
To provide for the vacating of certain convictions and expungement of certain 
arrests of victims of human trafficking. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trafficking Survivors Relief 
Act’’. 
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING. 
(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 individual who— 
‘‘(A) was convicted of a level A offense or level B 
offense; 
‘‘(B) was sentenced to a term of imprisonment 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 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 violent 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 Trafficking 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 EXPUNGE ARRESTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CONVICTIONS OF LEVEL A OFFENSES.—A person 
convicted of any level A offense (or an attorney representing
H. R. 4323—2 
such a person) may move the court that imposed the sen-
tence for the level A offense 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 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 directly related to the 
person having been a victim 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 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 pursue, or the Govern-
ment moved to dismiss, 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 para-
graph (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 
opposition 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.—
H. R. 4323—3 
‘‘(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 trafficking. 
‘‘(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 related 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 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 reduced to a level A offense; and 
‘‘(bb) the movant was acquitted of the level A 
offense, the Government did not pursue, or the Govern-
ment moved to dismiss, 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) 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 trafficking service provider or clini-
cian; and 
‘‘(ii) may consider any supporting evidence the 
court determines is of sufficient credibility and pro-
bative 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 EVI-
DENCE.—The affidavit or sworn testimony described in 
subparagraph (A)(i) shall be sufficient evidence to vacate
H. R. 4323—4 
a conviction 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 available. 
‘‘(6) CONVICTION
OR
ARREST
OF
OTHER
PERSONS
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 motion filed under 
paragraph (1), the denial shall be final, except as provided 
under subparagraph (C) of this paragraph and 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
DEFICIENCIES
IN 
MOTION.—If the court denies a motion filed under para-
graph (1) 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 accordance 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 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 directs 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 proceedings 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 restitution 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 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 
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;
H. R. 4323—5 
‘‘(B) the institution of any criminal proceedings against 
the movant relating to the offense; 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 imprisonment for the offense— 
‘‘(A) upon— 
‘‘(i) motion by the covered prisoner; 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 
‘‘(D) if the court finds, by a preponderance of the evi-
dence, that the covered prisoner committed 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 motion under para-
graph (1), the Government shall conduct a particularized 
inquiry of the facts and circumstances 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 inspec-
tion any report, paper, picture, 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.’’.
H. R. 4323—6 
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 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 attorney to the 
motion; and 
(C) the final determination of the court with respect 
to the motion. 
(b) UNITED STATES ATTORNEY TRAINING
ON HUMAN TRAF-
FICKING INDICATORS.—Not later than 1 year after the date of enact-
ment 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 section 3771A 
of title 18, United States Code, as added by section 2; and 
(2) includes— 
(A) the number of human trafficking survivors who 
have filed motions for vacatur or expungement under such 
section 3771A; 
(B) the final determination of each court that adju-
dicated a motion described in subparagraph (A); 
(C) recommendations to increase access to post-convic-
tion relief for human trafficking survivors with Federal 
criminal records; and 
(D) recommendations for improving the implementa-
tion and tracking of professional training of United States 
attorneys on indicators of human trafficking. 
SEC. 4. USE OF GRANTS FOR POST-CONVICTION RELIEF REPRESENTA-
TION. 
The Office of Justice Programs or the Office on Violence Against 
Women, in awarding a grant that may be used for legal representa-
tion, may not prohibit a recipient from using the grant for legal 
representation for post-conviction relief. 
SEC. 5. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) this Act is a first step to address the changing 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.
H. R. 4323—7 
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: 
‘‘§ 28. Human trafficking defense 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered Federal offense’ means a level A 
offense or level B offense, as those terms are defined in section 
3771A; and 
‘‘(2) the term ‘victim of trafficking’ has the meaning given 
the term in section 103 of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7102). 
‘‘(b) DURESS.—In a prosecution for a covered Federal offense, 
a defendant may establish duress by demonstrating that the defend-
ant was a victim of trafficking at the time at which the defendant 
committed the offense. 
‘‘(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 mitigating 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 assertion 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 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 following: 
‘‘28. Human trafficking defense.’’. 
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS. 
Section 103 of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7102) is amended— 
(1) in paragraph (16), by striking ‘‘(9)’’ and inserting ‘‘(11)’’; 
and 
(2) in paragraph (17), by striking ‘‘(9) or (10)’’ and inserting 
‘‘(11) or (12)’’.
H. R. 4323—8 
SEC. 8. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this Act, 
may be construed to conflict with any of the crime victims’ rights 
described in section 3771 of title 18, United States Code. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.