,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cbdj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #bh1  
#bjbj,mrs4 ,gillibrand 7for herself and 
,mr4 ,portman7 introduced the following 
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to provide for the vacating of 
certain convictions and expungement of  
certain arrests of victims of human     
trafficking4  #a4 ,short title ,this    
,act may be cited as the ,trafficking   
,survivors ,relief ,act of #bjbj4  #b4  
,federal expungement for victims of     
trafficking  7a7 ,in general ,chapter   
#bcg of title #ah1 ,united ,states      
,code1 is amended by adding at the end  
the following3  #cggb4 ,motion to       
vacate2 expungement2 mitigating factors 
7a7 ,definitions ,in this section-- 7#a7
 the term child means an individual who 
has not attained #ah years of age2  7#b7
 the term covered prisoner means an     
individual who-- 7,a7 was convicted of a
 level ,b offense2  7,b7 was sentenced  

to a term of imprisonment for the level 
,b offense2 and  7,c7 is imprisoned     
under such term of imprisonment2  7#c7  
the terms employee and officer have the 
meanings given the terms in section     
#baje of title #e2  7#d7 the term       
,federal offense means an offense that  
is punishable under ,federal law2  7#e7 
the term level ,a offense means a       
,federal offense that is not a violent  
crime2  7#f7 the term level ,b offense--
  7,a7 means a ,federal offense that is 
a violent crime2 and  7,b7 does not     
include a ,federal offense that is a    
violent crime of which a child was a    
victim2  7#g7 the term level ,c offense 
means any ,federal offense that is not a
 level ,a offense2  7#h7 the term victim
 of trafficking has the meaning given   
that term in section #ajc of the        
,trafficking ,victims ,protection ,act  
of #bjjj 7#bb ,u4,s4,c4 #gajb72 and     
7#i7 the term violent crime has the     
meaning given that term in section #ajc 
of the ,juvenile ,justice and           

,delinquency ,prevention ,act of #aigd  
7#cd ,u4,s4,c4 #aaajc74  7b7 ,motions   
,to vacate convictions or expunge       
arrests  7#a7 ,in general  7,a7         
,convictions of level ,a offenses ,a    
person convicted of any level ,a offense
 7or an attorney representing such a    
person7 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 trafficking4  7,b7 ,arrests 
for level ,a offenses ,a person arrested
 for any level ,a offense 7or an        
attorney representing such a person7 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          
trafficking4  7,c7 ,arrests for level ,c

 offenses ,a person arrested for any    
level ,c offense 7or an attorney        
representing such a person7 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--  7i7 the conduct or alleged conduct
 of the movant that resulted in the     
arrest was directly related to the      
movant having been a victim of          
trafficking2 and  7ii7 7,i7 the movant  
was acquitted of the level ,c offense2  
7,,ii7 the ,government did not pursue or
 dismissed criminal charges against the 
movant for the level ,c offense2 or     
7,,iii7 7aa7 the charges against the    
movant for the level ,c offense were    
reduced to an offense that is a level ,a
 offense2 and  7bb7 the movant was      
acquitted of the level ,a offense1 the  
,government did not pursue or dismissed 
criminal charges against the movant for 
the level ,a offense1 or any subsequent 
conviction of the level ,a offense was  

vacated4  7#b7 ,contents of motion ,a   
motion described in paragraph 7#a7      
shall-- 7,a7 be in writing2  7,b7       
describe any supporting evidence2  7,c7 
state the offense2 and  7,d7 include    
copies of any documents showing that the
 movant is entitled to relief under this
 section4  7#c7 ,hearing  7,a7          
,mandatory hearing  7i7 ,motion in      
opposition ,not later than #cj days     
after the date on which a motion is     
filed under paragraph 7#a71 the         
,government may file a motion in        
opposition of the motion filed under    
paragraph 7#a74  7ii7 ,mandatory hearing
 ,if the ,government files a motion     
described in clause 7i71 not later than 
#ae days after the date on which the    
motion is filed1 the court shall hold a 
hearing on the motion4  7,b7            
,discretionary hearing ,if the          
,government does not file a motion      
described in subparagraph 7,a77i71 the  
court may hold a hearing on the motion  
not later than #de days after the date  

on which a motion is filed under        
paragraph 7#a74  7#d7 ,factors  7,a7    
,vacating convictions of level ,a       
offenses ,the court may grant a motion  
under paragraph 7#a77;,a7 if1 after     
notice to the ,government and an        
opportunity to be heard1 the court      
finds1 by clear and convincing evidence1
 that--  7i7 the movant was convicted of
 a level ,a offense2 and  7ii7 the      
participation in the level ,a offense by
 the movant was a direct result of the  
movant having been a victim of          
trafficking4  7,b7 ,expunging arrests   
for level ,a offenses ,the court may    
grant a motion under paragraph 7#a77;,b7
 if1 after notice to the ,government and
 an opportunity to be heard1 the court  
finds1 by clear and convincing evidence1
 that--  7i7 the movant was arrested for
 a level ,a offense2 and  7ii7 the      
conduct or alleged conduct that resulted
 in the arrest was directly related to  
the movant having been a victim of      
trafficking4  7,c7 ,expunging arrests   

for level ,c offenses ,the court may    
grant a motion under paragraph 7#a77;,c7
 if1 after notice to the ,government and
 an opportunity to be heard1 the court  
finds1 by clear and convincing evidence1
 that--  7i7 the movant was arrested for
 a level ,c offense and the conduct or  
alleged conduct that resulted in the    
arrest was directly related to the      
movant having been a victim of          
trafficking2 and  7ii7 7,i7 the movant  
was acquitted of the level ,c offense2  
7,,ii7 the ,government did not pursue or
 dismissed criminal charges against the 
movant for the level ,c offense2 or     
7,,iii7 7aa7 the charges against the    
movant for the level ,c offense were    
reduced to a level ,a offense2 and  7bb7
 the movant was acquitted of the level  
,a offense1 the ,government did not     
pursue or dismissed criminal charges    
against the movant for the level ,a     
offense1 or any subsequent conviction of
 that level ,a offense was vacated4     
7#e7 ,supporting evidence  7,a7         

,rebuttable presumption ,for purposes of
 this subsection1 there shall be a      
rebuttable presumption that the movant  
is a victim of trafficking if the movant
 includes in the motion--  7i7 a copy of
 an official record1 certification1 or  
eligibility letter from a ,federal1     
,state1 ,tribal1 or local proceeding1   
including an approval notice or an      
enforcement certification generated from
 a ,federal immigration proceeding1 that
 shows that the movant was a victim of  
trafficking1 including a victim of a    
trafficker charged with a violation of  
chapter #gg2 or  7ii7 an affidavit or   
sworn testimony from a trained          
professional staff member of a victim   
services organization1 an attorney1 a   
member of the clergy1 a medical         
professional1 or another professional   
from whom the movant has sought         
assistance in addressing the trauma     
associated with being a victim of       
trafficking4  7,b7 ,other evidence  7i7 
,in general ,for purposes of this       

section1 in determining whether the     
movant is a victim of trafficking1 the  
court may consider any other evidence   
the court determines is of sufficient   
credibility and probative value1        
including an affidavit or sworn         
testimony of the movant4  7ii7          
,affidavit or sworn testimony of movant 
sufficient evidence ,the affidavit or   
sworn testimony of the movant described 
in clause 7i7 shall be sufficient       
evidence to vacate a conviction or      
expunge an arrest under this section if 
the court determines that--  7,i7 the   
affidavit or sworn testimony is         
credible2 and  7,,ii7 no other evidence 
is readily available4  7#f7 ,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 7#a74  7#g7 ,denial of  
motion  7,a7 ,in general ,if the court  
denies a motion filed under paragraph   

7#a71 the denial shall be without       
prejudice4  7,b7 ,reasons for denial ,if
 the court denies a motion filed under  
paragraph 7#a71 the court shall state   
the reasons for the denial in writing4  
7,c7 ,reasonable time to cure           
deficiencies in motion ,if the motion   
was denied due to a curable deficiency  
in the motion1 the court shall allow the
 movant sufficient time to cure the     
deficiency4  7#h7 ,appeal ,an order     
granting or denying a motion under this 
section may be appealed in accordance   
with section #abia of title #bh4  7c7   
,vacatur of convictions  7#a7 ,in       
general ,if the court grants a motion to
 vacate a conviction of a level ,a      
offense under subsection 7b71 the court 
shall immediately vacate the conviction 
for cause1 set aside the verdict and    
enter a judgment of acquittal1 and enter
 an expungement order that directs that 
there be expunged from all official     
records all references to--  7,a7 the   
arrest of the movant for the level ,a   

offense2  7,b7 the institution of       
criminal proceedings against the movant 
relating to the level ,a offense2 and   
7,c7 the results of the proceedings4    
7#b7 ,effect ,if a conviction is vacated
 under an order entered under paragraph 
7#a7--  7,a7 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 conviction2 and  7,b7 no
 alien may be removed1 determined to be 
inadmissible1 or lose any immigration   
benefit because of such conviction1     
arrest1 or institution of criminal      
proceedings4  7d7 ,expungement of       
arrests  7#a7 ,in general ,if the court 
grants a motion to expunge all records  
of an arrest for an offense under       
subsection 7b71 the court shall         
immediately enter an expungement order  
that directs that there be expunged from

 all official records all references    
to--  7,a7 the arrest of the movant for 
the offense2  7,b7 the institution of   
any criminal proceedings against the    
movant relating to the offense2 and     
7,c7 the results of the proceedings1 if 
any4  7#b7 ,effect ,if an arrest is     
expunged under an order entered under   
paragraph 7#a7--  7,a7 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 arrest1 if any2 and     
7,b7 no alien may be removed1 determined
 to be inadmissible1 or lose any        
immigration benefit because of arrest or
 institution of criminal proceedings1 if
 any4  7e7 ,mitigating factors  7#a7 ,in
 general ,the court that imposed        
sentence for a level ,b offense upon a  
covered prisoner may reduce the term of 
imprisonment for the level ,b offense-- 

7,a7 upon-- 7i7 motion by the covered   
prisoner or the ,director of the ,bureau
 of ,prisons2 or  7ii7 the court's own  
motion2  7,b7 after notice to the       
,government2  7,c7 after considering--  
7i7 the factors set forth in section    
#ceec7;a72  7ii7 the nature and         
seriousness of the danger to any person2
 and  7iii7 the community1 or any crime 
victims2 and  7,d7 if the court finds1  
by clear and convincing evidence1 that  
the covered prisoner committed the level
 ,b offense as a direct result of the   
covered prisoner having been a victim of
 trafficking4  7#b7 ,rebuttable         
presumption ,for the purposes of this   
subsection1 there shall be a rebuttable 
presumption that a covered prisoner is a
 victim of trafficking if the covered   
prisoner provides--  7,a7 a copy of an  
official record1 certification1 or      
eligibility letter from a ,federal1     
,state1 ,tribal1 or local proceeding1   
including an approval notice or an      
enforcement certification generated from

 a ,federal immigration proceeding1 that
 shows that the covered prisoner was a  
victim of trafficking1 including a      
victim of a trafficker charged with a   
violation of chapter #gg2 or  7,b7 an   
affidavit or sworn testimony from a     
trained professional staff member of a  
victim services organization1 an        
attorney1 a member of the clergy1 a     
medical professional1 or another        
professional from whom the covered      
prisoner has sought assistance in       
addressing the trauma associated with   
being a victim of trafficking4  7#c7    
,requirement ,any proceeding under this 
subsection shall be subject to section  
#cgga4  7#d7 ,particularized inquiry    
,for any motion under paragraph 7#a71   
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 section4  
7f7 ,additional actions by court ,the   

court may1 upon granting a motion under 
this section1 take such additional      
action as the court determines is       
appropriate4  7g7 ,confidentiality of   
movant  7#a7 ,in general ,a motion under
 this section and any documents1        
pleadings1 or orders relating to the    
motion shall be filed under seal4  7#b7 
,information not available for public   
inspection ,an officer or employee may  
make not make available for public      
inspection any report1 paper1 picture1  
photograph1 court file1 or other        
document1 in the custody or possession  
of the officer or employee1 that        
identifies the movant4  7h7             
,applicability ,this section shall apply
 to any conviction or arrest occurring  
before1 on1 or after the date of        
enactment of this section4  4  7b7      
,technical and conforming amendment ,the
 table of sections of chapter #bcg of   
title #ah1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  #cggb4 ,motion to vacate2   

expungement2 mitigating factors4  4  #c4
 ,reports  7a7 ,united ,states          
,attorneys ,not later than #a year after
 the date of enactment of this ,act1    
each ,united ,states attorney shall     
submit to the ,attorney ,general a      
report that details--  7#a7 the number  
of motions for vacatur or expungement   
filed under section #cggb of title #ah1 
,united ,states ,code1 as added by      
section #b1 in the district of the      
,united ,states attorney2 and  7#b7 for 
each motion described in paragraph      
7#a7-- 7,a7 the underlying offense2     
7,b7 the response of the ,united ,states
 attorney to the motion2 and  7,c7 the  
final determination of the court with   
respect to the motion4  7b7 ,government 
,accountability ,office ,not later than 
#c years after the date of enactment of 
this ,act1 the ,comptroller ,general of 
the ,united ,states shall submit to     
,congress a report that--  7#a7 assesses
 the impact of the enactment of section 
#cggb of title #ah1 ,united ,states     

,code1 as added by section #b2 and  7#b7
 includes-- 7,a7 the number of human    
trafficking survivors who have filed    
motions for vacatur or expungement under
 such section #cggb2  7,b7 the final    
determination of each court that        
adjudicated a motion described in       
subparagraph 7,a72 and  7,c7            
recommendations to increase access to   
post-conviction relief for human        
trafficking survivors with ,federal     
criminal records4  #d4 ,use of grants   
for post-conviction relief              
representation ,the ,office of ,justice 
,programs or the ,office on ,violence   
,against ,women1 in awarding a grant    
that may be used for legal              
representation1 may not prohibit a      
recipient from using the grant for legal
 representation for post-conviction     
relief4  #e4 ,sense of ,congress ,it is 
the sense of ,congress that-- 7#a7 this 
,act is a first step to address the     
changing tactics of human traffickers1  
who are using forced criminality as a   

form of force1 fraud1 and coercion in   
their human trafficking enterprises2 and
  7#b7 ,congress is committed to        
continuing to find solutions as needed  
to thwart human traffickers and protect 
survivors of human trafficking4