S. 2255: Trafficking Survivors Relief Act of 2025

The Trafficking Survivors Relief Act of 2025 is a proposed piece of legislation aimed at assisting individuals who have been victims of human trafficking and have subsequently faced criminal convictions or arrests. Here’s a breakdown of what the bill entails:

Purpose and Definitions

The bill seeks to provide a legal pathway for victims of trafficking to vacate their criminal convictions or expunge their arrest records if those offenses were directly related to their status as trafficking victims. Key terms defined in the bill include:

• Child: An individual under 18 years of age.
• Victim of trafficking: Defined according to the Trafficking Victims Protection Act of 2000.
• Level A and B offenses: Level A offenses are federal offenses that are not violent crimes, while Level B offenses are violent crimes, with specific exclusions for crimes against children.

Expungement and Vacating Convictions

The legislation allows victims to file motions in court for the following:

• Vacating convictions: Individuals convicted of a Level A offense may ask the court to vacate the conviction if it was committed as a direct result of being a victim of trafficking.
• Expungement of arrest records: Individuals arrested for Level A offenses can seek to expunge their records if the arrest was related to their victim status. Similar provisions apply to arrests for Level B offenses based on specific conditions, such as acquittal.

Legal Process and Requirements

The bill sets forth a structured process for filing motions:

• Motions must be written and include supporting evidence.
• A hearing will be scheduled, where the government can contest the motion.
• Burden of proof lies with the victim to show that the offense was a direct result of their trafficking experience.
• If granted, the court will vacate the conviction and expunge records as if the crime never occurred.

Mitigating Factors for Sentencing

The bill also allows courts to reduce the sentences of individuals who are convicted of Level A or B offenses if it's determined that the offense was a direct result of the individual’s victimization as a trafficking victim.

No Fees for Filing

Victims will not be required to pay any fees associated with filing motions for expungement or vacatur of convictions.

Confidentiality

All documents related to the motions filed under this act will be sealed to protect the identity of the victims from public disclosure.

Reports and Accountability

The Act requires U.S. Attorneys to report on the number of motions filed and the outcomes, evaluating the impact of the legislation.

Other Provisions

The bill also clarifies that the measures apply to any relevant convictions or arrests before or after the enactment of this legislation. It emphasizes that the enactment of this act does not limit any existing crime victims' rights.

Relevant Companies

None found.