I 
116TH CONGRESS 
1ST SESSION H. R. 3627 
To provide for the vacating of certain convictions and expungement of certain 
arrests of victims of human trafficking. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 5, 2019 
Mrs. WAGNER (for herself, Mr. SPANO, and Mrs. BEATTY) 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 2019’’. 
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 prisoner’ means an indi-
vidual who— 
‘‘(A) was convicted of a level B offense be-
fore the date of enactment of this section; 
‘‘(B) was sentenced to a term of imprison-
ment for the level B offense; and 
‘‘(C) is 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; 
‘‘(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 
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‘‘(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; 
‘‘(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-
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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 the court that imposed the 
sentence 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 
eligible entity 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 ar-
rest was directly related to the person having 
been a victim of trafficking. 
‘‘(C) ARRESTS FOR LEVEL C OFFENSES.— 
A person arrested for any level C offense (or an 
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eligible entity 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 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. 
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‘‘(D) TRAFFICKING
OFFENSE
UNNECES-
SARY.—A person may file a motion under this 
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. 
‘‘(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 
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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 
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 
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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 
‘‘(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 
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