Trafficking Survivors Relief Act
Summary
The Trafficking Survivors Relief Act aims to provide avenues for vacating convictions and expunging arrests for victims of human trafficking who committed certain offenses as a direct result of their trafficking situation. It establishes a legal framework for individuals to petition the courts for relief, including vacating convictions for non-violent offenses (level A) and expunging arrests for both non-violent (level A) and violent (level B) offenses under specific conditions. The bill also includes provisions for mitigating factors in sentencing and establishes a human trafficking defense in certain cases.
Expected Effects
This act will likely lead to the vacating of convictions and expungement of arrests for eligible trafficking survivors, removing barriers to employment, housing, and other opportunities. It also mandates reports from United States Attorneys and the Government Accountability Office to assess the impact of the act and identify areas for improvement. The act could also reduce the sentences of covered prisoners who committed level A or B offenses as a direct result of being a victim of trafficking.
Potential Benefits
- Provides a legal pathway for trafficking survivors to clear their records.
- Removes barriers to employment, housing, and education for survivors.
- Offers a potential defense in court for trafficking victims charged with crimes.
- Requires data collection and reporting to assess the act's effectiveness.
- Allows for reduced sentences for covered prisoners who are victims of trafficking.
Potential Disadvantages
- The process of vacating convictions and expunging arrests could be complex and require legal assistance.
- The definition of 'direct result' may be subject to interpretation and could limit the number of survivors who qualify for relief.
- The act may not address all the challenges faced by trafficking survivors, such as trauma and lack of resources.
- There may be costs associated with implementing the act, such as court resources and legal aid.
- The act's effectiveness will depend on the willingness of courts and prosecutors to grant relief.
Constitutional Alignment
The Trafficking Survivors Relief Act aligns with the Constitution by promoting justice and ensuring domestic tranquility, as stated in the Preamble. The Fifth Amendment's guarantee of due process is relevant, as the act establishes procedures for vacating convictions and expunging arrests. The Tenth Amendment reserves powers not delegated to the federal government to the states, but this act falls under the federal government's power to regulate interstate and foreign commerce, as human trafficking often involves crossing state lines.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).