S. 2255 — Trafficking Survivors Relief Act of 2025

This section establishes a new federal process (18 U.S.C. §3771A) allowing victims of trafficking—defined in the Trafficking Victims Protection Act of 2000 (22 U.S.C. §7102)—to file motions to vacate convictions or expunge arrests for certain federal offenses if the offense or alleged conduct was a direct result of the trafficking. Specifically, it authorizes: (1) vacating convictions for level A offenses (i.e., non-violent federal offenses); (2) expunging arrests for level A offenses; and (3) expunging arrests for level B offenses (i.e., violent federal offenses, as defined in 18 U.S.C. §16(a), excluding those with child victims) if the individual was acquitted, charges were not pursued or were dismissed, or charges were reduced to a level A offense that was then acquitted, not pursued, dismissed, or vacated. Motions require written supporting evidence and documentation; the government may oppose within 30 days (triggering a mandatory hearing within 15 days), or the court may hold a discretionary hearing within 45 days; and courts grant relief upon a preponderance finding after notice and opportunity to be heard. (Thus, qualifying victims may clear federal criminal records for trafficking-related non-violent offenses or qualifying arrests, potentially aiding reentry, employment, and housing.)

This section requires reports on the implementation of vacatur and expungement for human trafficking victims under new 18 U.S.C. §3771A (i.e., relief from certain nonviolent federal convictions committed as a direct result of trafficking). (1) Not later than one year after enactment, each U.S. attorney must submit to the Attorney General a report detailing motions filed under §3771A in their district—including the number of motions, underlying offenses, the U.S. attorney's response, and each court's final determination. (2) Not later than one year after enactment, the Attorney General must submit to Congress a report detailing all professional training received by U.S. attorneys on human trafficking indicators during the preceding 12-month period. (3) Not later than three years after enactment, the Comptroller General must submit to Congress a report assessing §3771A's impact—including the number of survivor-filed motions, court determinations, recommendations to increase post-conviction relief access for survivors, and recommendations to improve U.S. attorney training implementation and tracking.

This section prohibits the Office of Justice Programs or the Office on Violence Against Women, when awarding grants that may be used for legal representation, from prohibiting recipients from using such grants for post-conviction relief representation.

This section expresses the sense of Congress that this Act is a first step to address human traffickers' use of forced criminality as a form of force, fraud, or coercion and that Congress is committed to continuing to find solutions to thwart traffickers and protect survivors.

This section establishes a human trafficking defense (new 18 U.S.C. §28) for defendants prosecuted for covered federal offenses (i.e., level A or level B offenses as defined in 18 U.S.C. §3771A), permitting them to demonstrate duress by showing they were victims of trafficking, as defined in the Trafficking Victims Protection Act of 2000 (22 U.S.C. §7102), at the time of the offense. The section further (1) authorizes sealing of related records or proceedings until conviction; (2) allows a failure to raise, or failed assertion of, the defense to serve as a mitigating factor at sentencing or in post-conviction relief proceedings; and (3) prohibits such failure from disqualifying defendants from federally funded programs aiding trafficking victims. This section also makes a conforming amendment to the table of sections for 18 U.S.C. chapter 1.

This section makes technical and conforming amendments to the definitions in Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) by (1) in paragraph (16), revising the cross-reference to (11) (from (9)); and (2) in paragraph (17), revising the cross-references to (11) or (12) (from (9) or (10)).