This act establishes a process to vacate convictions and expunge arrest records for certain criminal offenses committed by victims of human trafficking that directly result from or relate to having been a trafficking victim.
It defines the offenses eligible to be vacated or expunged and sets forth procedures for filing a motion.
The Government Accountability Office must assess the impact of this process, including the number of human trafficking survivors who file motions to vacate convictions or expunge records.
Under the act, U.S. Attorneys' Offices must report to the Department of Justice (DOJ) on the number of motions to vacate convictions or expunge arrest records that are filed. Additionally, the DOJ must report to Congress on professional training received by U.S. Attorneys on indicators of human trafficking during the preceding 12-month period.
The act permits certain grants for legal representation to be used to seek post-conviction relief.
Finally, the act allows a defendant to establish, as a defense, that the offenses were committed under duress by demonstrating that he or she was a victim of human trafficking at the time of the offense.
