Bill would let trafficking survivors erase federal criminal records

What does this do?

S 2255 creates a federal court process for trafficking survivors to vacate convictions for nonviolent federal offenses or erase arrest records for certain offenses when those crimes resulted from being trafficked. Survivors still incarcerated may also petition for a reduced sentence. A vacated conviction is treated legally as if it never occurred, all filings are sealed, and there are no filing fees.

Who does it affect?

The bill affects people who were trafficked and subsequently arrested or convicted of federal crimes as a result of that trafficking. Federal prosecutors and judges would handle the new petitions, and the government must track and report how many survivors use the process.

Why does it matter?

Survivors with federal criminal records face barriers even after escaping trafficking, and this process gives courts a formal mechanism to distinguish coerced criminal conduct from voluntary criminal conduct. A new duress defense and sentencing relief option also change how active prosecutions and pending sentences involving trafficking survivors can proceed.

Where does it stand?