Trafficking Survivors Relief Act of 2025
Sens. Gillibrand and Hyde-Smith Introduce Bipartisan Bill to Clear Criminal Records for Trafficking Survivors
This bill was recently introduced in the Senate and is currently being reviewed by the Committee on the Judiciary. It is in the early stages of the lawmaking process and has no upcoming votes scheduled. The bill is considered active as it waits for further action from the committee.
Legislative Progress
The bill has strong bipartisan support in the Senate and addresses a widely recognized problem, but criminal justice reforms often face delays in a crowded legislative calendar.
Key Points
- This bill lets human trafficking survivors ask a federal judge to vacate convictions and expunge arrest records for non-violent crimes they were forced to commit. It also covers violent crime arrests if the person was acquitted or charges were dropped. This gives survivors a path to clear their names.
From policy text
“A person convicted of any level A offense (or an attorney 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.”
View in full text - Survivors would not have to pay any fees to file these motions, and the entire process is kept confidential. All court documents are filed under seal, and government employees are barred from making any identifying information public. This protects survivors from retaliation or unwanted exposure.
From policy text
“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.”
View in full text - People currently in prison who can prove they committed their crime because they were being trafficked could get their sentences reduced. A judge would weigh the facts and standard sentencing factors before deciding on any reduction.
From policy text
“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”
View in full text - The bill creates a formal legal defense of duress for trafficking victims charged with federal crimes in the future. If someone can show they were a trafficking victim at the time they committed the offense, that serves as a defense. Failing to raise this defense does not block the person from seeking post-conviction relief later.
From policy text
“In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.”
View in full text - Federal grant programs for legal representation can now be used to help trafficking survivors seek post-conviction relief. Previously, some grants may have prohibited this use of funds. This means more survivors could get free legal help to navigate the expungement process.
From policy text
“The Office of Justice Programs or the Office on Violence 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-conviction relief.”
View in full text - The bill requires US Attorneys to report on motions filed within one year, and the GAO must assess the law's impact within three years, including recommendations for improving access to relief and training on trafficking indicators.
Impact Analysis
Personal Impact
Milestones
Read twice and referred to the Committee on the Judiciary.
Sent to a congressional committee for expert review. The committee decides whether this bill moves forward.
Introduced in Senate
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
Related News
3 articlesTrafficking Survivors Relief Act passes Senate approval
The Trafficking Survivors Relief Act, led by Senators Kirsten Gillibrand and Cindy Hyde-Smith, passed the Senate. The bill establishes a federal process to allow human trafficking victims to vacate convictions and expunge arrest records for non-violent offenses committed while being trafficked.
Congressional Bill H.R. 4323 and H.R. 6938 Signed into Law
President Trump signed the Trafficking Survivors Relief Act into law on January 23, 2026. The legislation allows survivors to file motions to vacate convictions and expunge records for certain offenses committed as a direct result of being trafficked, providing a path to rebuild their lives.
Gillibrand Celebrates Enactment of Trafficking Survivors Relief Act
Senator Kirsten Gillibrand celebrated the signing of the bipartisan Trafficking Survivors Relief Act. The law provides legal relief to survivors by allowing them to vacate or expunge non-violent federal offenses from their records, helping them overcome barriers to housing and employment.
Source Information
Document Type
Congressional Bill
Official Title
Trafficking Survivors Relief Act of 2025
Data Sources
Sponsor
Cosponsors
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