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In a landmark victory for human rights and survivor advocacy, both the U.S. House of Representatives and the U.S. Senate have passed the Trafficking Survivors Relief Act on a bipartisan basis. The bill has now been sent to the President for signature, marking a critical step toward justice for thousands of trafficking survivors across the nation.

For too long, survivors of human trafficking have faced a devastating double burden: the trauma of their exploitation and the weight of criminal records that resulted directly from that victimization. The Trafficking Survivors Relief Act finally addresses this injustice by creating a federal legal mechanism that allows survivors to clear their federal records and rebuild their lives.

How Survivors End Up with Criminal Records

The path from victimization to criminalization is tragically common. Trafficking survivors often have criminal records not because they are criminals, but because they were exploited, coerced, and controlled by their traffickers. These convictions stem from circumstances that were entirely beyond their control.

Survivors may be coerced into committing crimes by their traffickers, forced to participate in robberies, fraud schemes, or other offenses under threats of violence or other harm. In other cases, they are convicted as a direct result of their trafficking, such as prostitution offenses or drug possession charges that occurred while they were being exploited.

Traffickers often force survivors to take the blame for crimes, threatening them with further violence or harm to their families if they refuse. The power dynamics of trafficking make it nearly impossible for victims to resist these demands. Traffickers may also use the threat of reporting survivors to parole officers or alerting authorities to outstanding warrants as a means of control, keeping victims trapped in a cycle of exploitation and fear.

Why These Records Matter

The consequences of these criminal records extend far beyond the courtroom. Even a single conviction can create insurmountable barriers to rebuilding a life after trafficking.

Criminal records often block survivors from employment opportunities entirely. Many employers conduct background checks and automatically disqualify applicants with criminal histories, regardless of the circumstances behind those convictions. Even when a criminal record doesn't result in an outright denial, it forces survivors into an impossible position: they must explain to potential employers why they have these charges on their record.

Having to recount their trafficking experience over and over again to employers, landlords, educational institutions, and financial services providers is deeply retraumatizing. Each retelling forces survivors to relive the worst moments of their lives, often in situations where they are already vulnerable and seeking a fresh start. The stigma and shame associated with these explanations can be overwhelming, discouraging survivors from even attempting to pursue opportunities that could help them move forward.

Housing is another critical area where criminal records create barriers. Landlords frequently deny rental applications based on criminal history, leaving survivors struggling to find safe and stable housing. Criminal records can also disqualify survivors from accessing vital housing assistance programs, further limiting their options during a vulnerable time. Without stable housing, survivors face increased risk of re-victimization and homelessness.

Access to education and professional licensing can also be restricted by criminal records. Many colleges and universities ask about criminal history in admissions processes, and numerous professional fields require background checks for licensing. These barriers prevent survivors from accessing the education and career opportunities they need to achieve financial independence and stability.

What the Trafficking Survivors Relief Act Does

The Act creates a comprehensive federal framework for clearing survivors’ federal convictions that resulted from their trafficker’s coercion or their trafficking. Under this legislation, survivors may petition federal courts to vacate qualifying convictions and expunge arrest records for certain non-violent offenses that were committed as a result of being trafficked.

Relief is available for non-violent federal offenses, though the Act does not apply to crimes involving child victims. Survivors must demonstrate that they were victims of trafficking and that the offense was committed as a direct result of that trafficking, using defined evidentiary standards. This burden of proof ensures that the process has integrity while still being accessible to those who genuinely need relief.

Recognizing that navigating the legal system can be overwhelming, particularly for trauma survivors, the Act also authorizes grant funding to help cover legal representation for survivors seeking relief. This provision ensures that lack of access to legal counsel will not prevent eligible survivors from clearing their records.

Addressing a Critical Federal Gap

Prior to this legislation, no uniform federal process existed for trafficking survivors to clear convictions that resulted from their victimization, even though many states have already implemented such relief mechanisms. While many states have already implemented mechanisms to vacate state-level convictions, survivors with federal criminal records had no comparable avenue for relief. The Trafficking Survivors Relief Act brings federal law into alignment with this growing recognition that survivors should not be permanently punished for crimes committed under coercion and exploitation.

This Act represents more than just legal reform; it is a recognition of the fundamental injustice of punishing people for crimes they were forced to commit. It acknowledges that trafficking survivors deserve a path forward, free from the shadow of convictions that never should have existed in the first place.

The Road Ahead

While the passage of the Trafficking Survivors Relief Act is a monumental achievement, the work does not end here. Survivors will still need to navigate the petition process, gather evidence, and work with legal counsel to secure relief. Implementation of the Act's provisions and the distribution of grant funding for legal representation will be critical to ensuring that this law fulfills its promise.

At Singleton Schreiber, we are committed to advocating for trafficking survivors and holding accountable those who exploit and harm vulnerable individuals. We understand that justice for survivors requires not only holding traffickers and institutions that benefit from trafficking accountable but also removing the barriers that prevent survivors from moving forward with their lives.

If you or someone you know is a survivor of human trafficking and has been affected by a criminal record resulting from that victimization, Singleton Schreiber can connect you with organizations that specialize in helping survivors navigate the record clearance process. Together, we can work toward a future where survivors are not defined by the crimes they were forced to commit, but rather recognized for their resilience and strength.