I 
114TH CONGRESS 
2D SESSION 
H. R. 6292 
To provide for the vacating of certain convictions and expungement of certain 
arrests of victims of human trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2016 
Mrs. WAGNER (for herself, Ms. GABBARD, and Mr. JOLLY) introduced the 
following bill; which was referred to the Committee on the Judiciary 
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 2016’’. 
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: 
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‘‘§ 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 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 clause (i) of subparagraph 
(A), 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; 
‘‘(3) the term ‘covered prisoner’ means an indi-
vidual who— 
‘‘(A) was convicted of a noncovered offense 
before the date of enactment of this section; 
‘‘(B) was sentenced to a term of imprison-
ment for the noncovered offense; and 
‘‘(C) is imprisoned under such term of im-
prisonment; 
‘‘(4) the term ‘eligible entity’ includes— 
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‘‘(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; 
‘‘(5) the terms ‘employee’ and ‘officer’ have the 
meanings given the terms in section 2105 of title 5; 
‘‘(6) the term ‘Federal offense’ means an of-
fense that is punishable under Federal law or the 
laws of the District of Columbia; 
‘‘(7) the term ‘noncovered 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 ‘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 Jus-
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tice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5603). 
‘‘(b) MOTIONS TO VACATE CONVICTIONS OR EX-
PUNGE ARRESTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CONVICTIONS
OF
COVERED
OF-
FENSES.—A person convicted of any covered of-
fense (or an eligible entity representing such a 
person) may move the court which imposed the 
sentence for the covered offense to vacate the 
judgment of conviction if the covered offense 
was committed as a direct result of the person 
having been a victim of trafficking. 
‘‘(B) 
ARRESTS
FOR
COVERED
OF-
FENSES.—A person arrested for any covered of-
fense (or an eligible entity representing such a 
person) may move the district court for the dis-
trict 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 which resulted in the arrest was di-
rectly related to the person having been a vic-
tim of trafficking. 
‘‘(C) ARRESTS
FOR
NONCOVERED
OF-
FENSES.—A person arrested for any noncovered 
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‘‘(4) FACTORS.— 
‘‘(A) VACATING CONVICTIONS OF COVERED 
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 
covered offense; and 
‘‘(ii) the participation in the covered 
offense by the movant was a direct result 
of the movant having been a victim of traf-
ficking. 
‘‘(B) EXPUNGING ARRESTS FOR COVERED 
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 
covered offense; and 
‘‘(ii) the conduct or alleged conduct 
which resulted in the arrest was directly 
related to the movant having been a victim 
of trafficking. 
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‘‘(C) EXPUNGING
ARRESTS
FOR
NON-
COVERED 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 
evidence, that— 
‘‘(i) the movant was arrested for a 
noncovered offense and the conduct or al-
leged conduct which resulted in the arrest 
was directly related to the movant having 
been a victim of trafficking; and 
‘‘(ii)(I) the person is acquitted of the 
noncovered offense; 
‘‘(II) the government does not pursue 
or dismisses criminal charges against the 
person for the covered offense; or 
‘‘(III)(aa) the charges against the per-
son for the noncovered offense are reduced 
to a covered offense; and 
‘‘(bb) the person is acquitted of the 
covered offense, the government does not 
pursue or dismissed criminal charges 
against the person for the covered offense, 
or any subsequent conviction of that cov-
ered offense is vacated. 
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‘‘(5) SUPPORTING EVIDENCE.— 
‘‘(A) REBUTTABLE
PRESUMPTION.—For 
purposes of this section, there shall be a rebut-
table presumption that the movant is a victim 
of trafficking if the movant includes in the mo-
tion— 
‘‘(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 
‘‘(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, or a medical 
or other professional from whom the mov-
ant has sought assistance in addressing 
the trauma associated with being a victim 
of trafficking. 
‘‘(B) OTHER EVIDENCE.— 
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‘‘(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 
‘‘(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 a covered offense before the mov-
ant may file a motion under paragraph (1). 
‘‘(7) DENIAL OF MOTION.— 
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‘‘(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 
for the movant 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 and section 
3731 of this title. 
‘‘(c) VACATUR OF CONVICTIONS.— 
‘‘(1) IN GENERAL.—If the court grants a mo-
tion to vacate a conviction 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 di-
rects that there be expunged from all official records 
all references to— 
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‘‘(A) the arrest of the person for the cov-
ered offense; 
‘‘(B) the institution of criminal pro-
ceedings against the person relating to the cov-
ered 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 per-
son for whom the conviction was vacated shall 
be considered to have the status occupied by the 
person before the arrest or the institution of the 
criminal proceedings related to such conviction; 
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 an arrest under subsection (b), the 
court shall immediately enter an expungement order 
that directs that there be expunged from all official 
records all references to— 
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‘‘(A) the arrest of the person for the cov-
ered offense; 
‘‘(B) the institution of any criminal pro-
ceedings against the person relating to the cov-
ered offense; 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 person for 
whom the arrest is expunged shall be consid-
ered to have the status occupied by the person 
before the arrest or the institution of the crimi-
nal proceedings related to such arrest, if any; 
and 
‘‘(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 which imposed 
sentence for a noncovered offense upon a covered 
prisoner may reduce the term of imprisonment for 
the noncovered offense— 
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‘‘(A) upon motion by a covered prisoner, 
the Director of the Bureau of Prisons, or 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 noncovered 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-
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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, or a medical or other professional 
from whom the covered prisoner has sought as-
sistance in addressing the trauma associated 
with being a victim of trafficking. 
‘‘(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.— 
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‘‘(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.—No officer or employee may make 
any report, paper, picture, photograph, court file or 
other document, in the custody or possession of the 
officer or employee, that identifies the movant avail-
able for public inspection. 
‘‘(h) 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 fol-
lowing: 
‘‘3772. Motion to vacate; expungement; mitigating factors.’’. 
Æ 
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