Trafficking Survivors Relief Act
What does the Trafficking Survivors Relief Act do?
HR 4323 is a House bill sponsored by Rep. Russell Fry (R-SC). The Trafficking Survivors Relief Act allows human trafficking victims to ask a federal court to vacate their convictions for non-violent federal offenses and expunge arrest records for both non-violent and violent offenses — if those offenses were a direct result of being trafficked. It also creates a new federal 'human trafficking defense,' allowing defendants in criminal cases to claim duress based on being a trafficking victim at the time of the offense.
Did HR 4323 pass? Where it stands
As of July 17, 2026, HR 4323 has been signed into law on January 23, 2026.
Status: Signed into Law
Latest vote: Senate Passed by unanimous consent on December 18, 2025
Outlook: Enacted
Enacted: Signed into law on January 23, 2026
Key provisions
- Motion to Vacate Convictions
- Trafficking victims may file a motion to vacate any non-violent federal conviction if the offense was a direct result of being trafficked — court reviews by preponderance of the evidence
- If granted, the conviction is vacated, the verdict set aside, and all official records of the arrest and proceedings are expunged
- The motion is retroactive — applies to convictions and arrests occurring before, on, or after the date of enactment
- Arrest Record Expungement
- Trafficking victims may move to expunge arrest records for non-violent federal offenses if the conduct leading to arrest was directly related to being trafficked
- Arrest records for violent federal offenses may be expunged if the charge was dismissed, not pursued, or reduced to a non-violent charge that was also dismissed or vacated
- No filing fee may be charged; all motions and related documents are filed under seal and not available for public inspection
- Human Trafficking Duress Defense
- In any federal prosecution, a defendant may establish duress by demonstrating they were a victim of trafficking at the time of the offense
- Failure to raise this defense at trial does not prevent using trafficking victimization as a mitigating factor at sentencing or in post-conviction relief proceedings
- A failure to assert the defense also may not be used to disqualify a convicted person from federal programs that aid trafficking victims
Last updated June 10, 2026