Overview

• Trafficking Survivors Relief Act became federal law on January 23, 2026, creating first-ever federal expungement process for trafficking victims with criminal records.
• Law applies retroactively to any conviction or arrest occurring before, on, or after enactment.
• Establishes three main relief mechanisms: vacating convictions for nonviolent crimes, expunging arrest records, and reducing prison sentences.

Who does this affect?

• Main groups: Human trafficking survivors with federal criminal records (including teens), currently imprisoned trafficking victims, legal aid organizations representing survivors
• Who benefits: Trafficking victims can clear criminal records that resulted from being trafficked, improving employment and housing prospects. Imprisoned survivors may get reduced sentences.
• Teen impact score: 6/10 (direct relief for trafficking victim teens with federal records, but affects specialized subset of teen population)
• Teen-specific impact: Teens who were trafficked and have federal criminal records can file motions themselves or through attorneys to erase convictions and arrests. This removes barriers to college, jobs, and housing caused by criminal records.

What This Bill Does

• Creates new 18 U.S.C. § 3771A allowing trafficking victims to vacate 'level A offense' convictions (federal nonviolent crimes) committed as direct result of being trafficked.
• Permits expungement of arrest records for level A offenses and certain level B offenses (violent crimes, excluding violent crimes against children) when conduct resulted from trafficking.
• Motion procedure: Government gets 30 days to oppose; if opposed, mandatory hearing within 15 days. Court decides by preponderance of evidence standard.
• Evidence standard: Affidavit or sworn testimony from anti-trafficking service provider or clinician is sufficient evidence if court finds it credible and no other evidence readily available.
• When conviction vacated: Court immediately enters judgment of acquittal, expunges all arrest/conviction records, and restores person to pre-arrest legal status. Does not remove existing fines or restitution orders.
• No fees allowed: Law prohibits filing fees, service charges, processing fees, or any costs for filing motions under this section.
• Confidentiality protections: All motions, documents, and court orders filed under seal. Government officials prohibited from making public any records identifying the person seeking relief.
• Sentence reduction for imprisoned victims: Courts can reduce prison terms for trafficking victims convicted of level A or level B offenses upon motion by prisoner or court's own motion, after considering sentencing factors and community safety.
• Creates new human trafficking defense (18 U.S.C. § 28): Defendants in prosecutions for covered offenses can establish duress defense by proving they were trafficking victims when committing the crime. Failure to raise defense doesn't prevent using trafficking victim status as mitigating factor at sentencing or in post-conviction proceedings.
• Reporting requirements: U.S. Attorneys must report to Attorney General within 1 year detailing number of motions filed, underlying offenses, responses, and court outcomes in their districts. Attorney General must report to Congress within 1 year on training U.S. Attorneys received on human trafficking indicators during preceding 12 months. Government Accountability Office must submit report to Congress within 3 years assessing impact and recommending improvements to access and training.
• Grant usage modification: Office of Justice Programs and Office on Violence Against Women cannot prohibit grant recipients from using awarded grants for legal representation in post-conviction relief cases.

Legislative Status

• Became Public Law No. 119-73 on January 23, 2026.
• Provisions are now in effect and applicable to past, current, and future cases.

In short

• Trafficking victims with federal criminal records can now file free motions to erase convictions for nonviolent crimes and arrest records.
• Courts use preponderance of evidence standard and must consider testimony from anti-trafficking service providers.
• When record cleared, person legally restored to status before arrest—conviction no longer counts under federal law.
• Law also creates trafficking victim defense in criminal trials and allows sentence reductions for imprisoned survivors.
• All proceedings kept confidential with documents filed under seal to protect survivors' identities.

Why should I care?

Human traffickers often force victims to commit crimes under threats, violence, or coercion. Before this law, those criminal records followed survivors for life, blocking jobs, housing, and education even after escaping trafficking. This creates a fresh start pathway, recognizing that trafficking victims shouldn't carry criminal penalties for crimes they were forced to commit. The law particularly matters for young trafficking survivors trying to rebuild their lives. It establishes that being forced into crime isn't the same as choosing crime. For teens who've been trafficked, clearing these records can mean the difference between permanent barriers and real opportunities.