H.R. 4323

[119th Congress Public Law 73]
[From the U.S. Government Publishing Office]

[[Page 139 STAT. 2003]]

Public Law 119-73
119th Congress

An Act

To provide for the vacating of certain convictions and expungement of 
certain arrests of victims of human trafficking. <<NOTE: Jan. 23, 
2026 - [H.R. 4323]>> 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Trafficking 
Survivors Relief Act.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

This Act may be cited as the ``Trafficking Survivors Relief Act''.
SEC. 2. FEDERAL EXPUNGEMENT FOR VICTIMS OF TRAFFICKING.

(a) In General.--Chapter 237 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3771A. <<NOTE: Courts. Records. 18 USC 3771A.>> 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 individual who--
``(A) was convicted of a level A offense or level B 
offense;
``(B) was sentenced to a term of imprisonment for 
the offense described in subparagraph (A); and
``(C) is, or was previously, imprisoned or 
incarcerated under such sentence for a term of 
imprisonment;
``(3) the terms `employee' and `officer' have the meanings 
given the terms in section 2105 of title 5;
``(4) the term `Federal offense' means an offense that is 
punishable under Federal law;
``(5) the term `level A offense' means a Federal offense 
that is not a violent crime;
``(6) the term `level B offense'--
``(A) means a Federal offense that is a violent 
crime; and
``(B) does not include a Federal offense that is a 
violent crime of which a child was a victim;
``(7) the term `victim of trafficking' has the meaning given 
that term in section 103 of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7102); and
``(8) the term `violent crime' has the meaning given the 
term `crime of violence' in section 16(a) of this title.

``(b) Motions To Vacate Convictions or Expunge Arrests.--
``(1) In general.--
``(A) Convictions of level a offenses.--A person 
convicted of any level A offense (or an attorney 
representing

[[Page 139 STAT. 2004]]

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 attorney 
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 
arrest was directly related to the person having been a 
victim of trafficking.
``(C) Arrests for level b offenses.--A person 
arrested for any level B offense (or an attorney 
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 B offense;
``(II) the Government did not pursue, or the 
Government moved to dismiss, criminal charges 
against the movant for the level B offense; or
``(III)(aa) the charges against the movant for 
the level B offense were reduced to an offense 
that is a level A offense; and
``(bb) the movant was acquitted of the level A 
offense, the Government did not pursue, or the 
Government moved to dismiss, criminal charges 
against the movant for the level A offense, or any 
subsequent conviction of the level A offense was 
vacated.
``(2) Contents of motion.--A motion described 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) <<NOTE: Deadlines.>> 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 opposition of the motion filed under 
paragraph (1).
``(ii) Mandatory hearing.--If the Government 
files a motion described in 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) <<NOTE: Notices.>> Factors.--

[[Page 139 STAT. 2005]]

``(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 a preponderance of the 
evidence, 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 trafficking.
``(B) Expunging arrests for level a offenses.--The 
court may grant a motion under paragraph (1)(B) if, 
after notice to the Government and an opportunity to be 
heard, the court finds, by a preponderance of the 
evidence, 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 related to the 
movant having been a victim of trafficking.
``(C) Expunging arrests for level b 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 a preponderance of the 
evidence, that--
``(i) the movant was arrested for a level B 
offense and the conduct or alleged conduct 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 B offense;
``(II) the Government did not pursue, or the 
Government moved to dismiss, criminal charges 
against the movant for the level B offense; or
``(III)(aa) the charges against the movant for 
the level B offense were reduced to a level A 
offense; and
``(bb) the movant was acquitted of the level A 
offense, the Government did not pursue, or the 
Government moved to dismiss, criminal charges 
against the movant for the level A offense, or any 
subsequent conviction of that level A offense was 
vacated.
``(5) <<NOTE: Determinations.>> Supporting evidence.--
``(A) <<NOTE: Testimony.>> In general.--For purposes 
of this section, in determining whether the movant is a 
victim of trafficking, the court--
``(i) <<NOTE: Affidavit.>> shall consider an 
affidavit or sworn testimony of an anti-human 
trafficking service provider or clinician; and
``(ii) may consider any supporting evidence 
the court determines is of sufficient credibility 
and probative value, including sworn testimony 
from a law enforcement officer detailing the role 
of the movant in coercing other victims of 
trafficking into committing criminal offenses.
``(B) Affidavit or sworn testimony sufficient 
evidence.--The affidavit or sworn testimony described in 
subparagraph (A)(i) shall be sufficient evidence to 
vacate

[[Page 139 STAT. 2006]]

a conviction or expunge an arrest under this section if 
the court determines that--
``(i) the affidavit or sworn testimony is 
credible; and
``(ii) no other evidence is readily available.
``(6) Conviction or arrest of other persons not required.--
It shall not be necessary that any person other than the movant 
be convicted of or arrested for an offense before the movant may 
file a motion under paragraph (1).
``(7) Denial of motion.--
``(A) Finality.--If the court denies a motion filed 
under paragraph (1), the denial shall be final, except 
as provided under subparagraph (C) of this paragraph and 
subject to the discovery of any new and compelling 
evidence or information.
``(B) Reasons for denial.--If the court denies a 
motion filed under paragraph (1), the court shall state 
the reasons for the denial in writing.
``(C) Reasonable time to cure deficiencies in 
motion.--If the court denies a motion filed under 
paragraph (1) due to a curable deficiency in the motion, 
the court shall allow the movant sufficient time to cure 
the deficiency.
``(8) Appeal.--An order granting or denying a motion under 
this section may be appealed in accordance with section 1291 of 
title 28.

``(c) Vacatur of Convictions.--
``(1) In general.--If the court grants a motion to vacate a 
conviction of a level A offense under subsection (b), the court 
shall immediately--
``(A) vacate the conviction for cause;
``(B) set aside the verdict and enter a judgment of 
acquittal; and
``(C) enter an expungement order that directs that 
there be expunged from all official records all 
references to--
``(i) the arrest of the movant for the level A 
offense;
``(ii) the institution of criminal proceedings 
against the movant relating to the level A 
offense; and
``(iii) the results of the proceedings.
``(2) Limitation.--Nothing in this subsection requires a 
court to amend or remove any fine or restitution order in a 
criminal or civil proceeding.
``(3) Effect.--If a conviction is vacated under an order 
entered under paragraph (1), the conviction shall not be 
regarded as a conviction under Federal law and the movant for 
whom the conviction was vacated shall be considered to have the 
status occupied by the movant before the arrest or the 
institution of the criminal proceedings related to such 
conviction.

``(d) Expungement of Arrests.--
``(1) In general.--If the court grants a motion to expunge 
all records of an arrest for an offense under subsection (b), 
the court shall immediately enter an expungement order that 
directs that there be expunged from all official records all 
references to--
``(A) the arrest of the movant for the offense;

[[Page 139 STAT. 2007]]

``(B) the institution of any criminal proceedings 
against the movant relating to the offense; and
``(C) the results of the proceedings, if any.
``(2) Effect.--If an arrest is expunged under an order 
entered under paragraph (1) the arrest shall not be regarded as 
an arrest under Federal law and the movant for whom the arrest 
is expunged shall be considered to have the status occupied by 
the movant before the arrest or the institution of the criminal 
proceedings related to such arrest, if any.

``(e) Mitigating Factors.--
``(1) In general.--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--
``(A) upon--
``(i) motion by the covered prisoner; or
``(ii) the court's own motion;
``(B) <<NOTE: Notice.>> after notice to the 
Government;
``(C) after considering--
``(i) the factors set forth in section 
3553(a);
``(ii) the nature and seriousness of the 
danger to any person, if applicable; and
``(iii) the community, or any crime victims; 
and
``(D) if the court finds, by a preponderance of the 
evidence, that the covered prisoner committed the 
offense as a direct result of the covered prisoner 
having been a victim of trafficking.
``(2) Requirement.--Any proceeding under this subsection 
shall be subject to section 3771.
``(3) <<NOTE: Assessment.>> Particularized inquiry.--For any 
motion under paragraph (1), the Government shall conduct a 
particularized inquiry of the facts and circumstances of the 
original sentencing of the covered prisoner in order to assess 
whether a reduction in sentence would be consistent with this 
section.

``(f) Additional Actions by Court.--The court shall, upon granting a 
motion under this section, take any additional action necessary to grant 
the movant full relief.
``(g) No Fees.--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.
``(h) Confidentiality of Movant.--
``(1) In general.--A motion under this section and any 
documents, pleadings, or orders relating to the motion shall be 
filed under seal.
``(2) Information not available for public inspection.--An 
officer or employee may not make available for public inspection 
any report, paper, picture, photograph, court file, or other 
document, in the custody or possession of the officer or 
employee, that identifies the movant.

``(i) Applicability.--This section shall apply to any conviction or 
arrest occurring before, on, or after the date of enactment of this 
section.''.
(b) Technical and Conforming Amendment.--The table of sections of 
chapter 237 of title 18, United States Code, <<NOTE: 18 USC prec. 
3771.>> is amended by adding at the end the following:

``3771A. Motion to vacate; expungement; mitigating factors.''.

[[Page 139 STAT. 2008]]

SEC. 3. REPORTS.

(a) United States Attorney Motions for Vacatur or Expungement.--Not 
later than 1 year after the date of enactment of this Act, each United 
States attorney shall submit to the Attorney General a report that 
details--
(1) the number of motions for vacatur or expungement filed 
under section 3771A of title 18, United States Code, as added by 
section 2, in the district of the United States attorney; and
(2) for each motion described in paragraph (1)--
(A) the underlying offense;
(B) the response of the United States attorney to 
the motion; and
(C) the final determination of the court with 
respect to the motion.

(b) United States Attorney Training on Human Trafficking 
Indicators.--Not later than 1 year after the date of enactment of this 
Act, the Attorney General shall submit to Congress a report that details 
all professional training received by United States attorneys on 
indicators of human trafficking during the preceding 12-month period.
(c) Government Accountability Office.--Not later than 3 years after 
the date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that--
(1) assesses the impact of the enactment of section 3771A of 
title 18, United States Code, as added by section 2; and
(2) includes--
(A) the number of human trafficking survivors who 
have filed motions for vacatur or expungement under such 
section 3771A;
(B) the final determination of each court that 
adjudicated a motion described in subparagraph (A);
(C) recommendations to increase access to post-
conviction relief for human trafficking survivors with 
Federal criminal records; and
(D) recommendations for improving the implementation 
and tracking of professional training of United States 
attorneys on indicators of human trafficking.
SEC. 4. <<NOTE: 34 USC 10110 note.>> USE OF GRANTS FOR POST-
CONVICTION RELIEF REPRESENTATION.

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.
SEC. 5. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) this Act is a first step to address the changing tactics 
of human traffickers, who are using forced criminality as a form 
of force, fraud, and coercion in their human trafficking 
enterprises; and
(2) Congress is committed to continuing to find solutions as 
needed to thwart human traffickers and protect survivors of 
human trafficking.

[[Page 139 STAT. 2009]]

SEC. 6. HUMAN TRAFFICKING DEFENSE.

(a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 28. <<NOTE: 18 USC 28.>> Human trafficking defense

``(a) Definitions.--In this section--
``(1) the term `covered Federal offense' means a level A 
offense or level B offense, as those terms are defined in 
section 3771A; and
``(2) the term `victim of trafficking' has the meaning given 
the term in section 103 of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7102).

``(b) Duress.--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.
``(c) Record or Proceeding Under Seal.--In any proceeding in which a 
defense under subsection (b) is raised, any record or part of the 
proceeding related to the defense shall, on motion, be placed under seal 
until such time as a conviction is entered for the offense.
``(d) Post-Conviction Relief.--A failure to assert, or failed 
assertion of, a defense under subsection (b) by an individual who is 
convicted of a covered Federal offense may not preclude the individual 
from asserting as a mitigating factor, at sentencing or in a proceeding 
for any post-conviction relief, that at the time of the commission of 
the offense, the defendant was a victim of trafficking and committed the 
offense under duress.
``(e) Federal Aid.--A failure to assert, or failed assertion of, a 
defense under subsection (b) by an individual who is convicted of a 
covered Federal offense may not be used for the purpose of disqualifying 
the individual from participating in any federally funded program that 
aids victims of trafficking.''.
(b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 18, United States Code, <<NOTE: 18 USC prec. 1.>> is 
amended by adding at the end the following:

``28. Human trafficking defense.''.

SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS.

Section 103 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102) is amended--
(1) in paragraph (16), by striking ``(9)'' and inserting 
``(11)''; and
(2) in paragraph (17), by striking ``(9) or (10)'' and 
inserting ``(11) or (12)''.

[[Page 139 STAT. 2010]]

SEC. 8. <<NOTE: 18 USC 28 note.>> RULE OF CONSTRUCTION.

Nothing in this Act, or the amendments made by this Act, may be 
construed to conflict with any of the crime victims' rights described in 
section 3771 of title 18, United States Code.

Approved January 23, 2026.

LEGISLATIVE HISTORY--H.R. 4323:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 119-347 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 171 (2025):
Dec. 1, considered and passed House.
Dec. 18, considered and passed Senate.

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