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Imagine finally escaping a situation that felt like a nightmare, only to find that the nightmare follows you everywhere you go. For many people who have survived human trafficking, this is their daily reality. Even after they are free from their traffickers, they may carry a criminal record.
These records often come from crimes they were forced to commit while being exploited. It might be a theft charge because a trafficker made them steal, or a drug charge that was part of their abuse. For years, these "paper chains" have kept survivors from getting good jobs, finding safe apartments, or going back to school. They are treated like criminals for things they only did to survive.
However, on January 23, 2026, the Trafficking Survivors Relief Act was officially signed into law. This historic move changes the rules at the federal level, offering a path to clear records that never should have been there in the first place. At Thorsnes Bartolotta McGuire, we believe your past should not have the power to destroy your future.
If you or someone you love is living with the shadow of a federal record from a trafficking situation, we want to help. Call our team today at (619) 236-9363 or fill out our online form to talk about how this new law applies to you.
What Is the Trafficking Survivors Relief Act?
The Trafficking Survivors Relief Act, often called the TSRA, is a federal law created to address a long-standing problem in the justice system: people who were trafficked were still carrying federal criminal records for acts they were forced to commit.
Before this law, survivors could sometimes clear state-level convictions, depending on where they lived. But if the conviction was federal, there was no clear path forward. Those records stayed put, even when the offense was directly tied to trafficking. The TSRA closes that gap.
Under this law, survivors of labor or sex trafficking can ask a federal judge for two specific forms of relief:
- Vacate Convictions: This means the judge can legally "wipe out" a conviction. It is as if the court is saying the conviction was wrong and should never have happened.
- Expunge Arrest Records: This removes the record of an arrest from your history so it doesn't show up on background checks.
This is often referred to as federal expungement for trafficking survivors. Another important part of the TSRA is access to legal help. The law allows for grant funding to assist survivors with legal representation during this process. That matters because asking a federal court to clear a record is not simple, and the law recognizes that navigating it alone should not be a barrier to relief.
Do I Qualify for Relief Under the TSRA?
Not every federal conviction qualifies under the act, but many do. The law focuses on one central question: was the offense tied to trafficking rather than a free choice?
In general, you may qualify if:
- The offense was non-violent. The TSRA is limited to certain non-violent federal charges. Violent offenses fall outside the law’s scope.
- The charge was a direct result of being trafficked. This means the conduct happened because of pressure, control, threats, or force from a trafficker. The law recognizes that trafficking often leaves people with no real alternatives.
- You were a victim of labor or sex trafficking. Survivors must show that trafficking occurred and that the charge grew out of that exploitation.
There are also important limits to be aware of. The TSRA does not apply to offenses involving child victims, even if the person seeking relief was trafficked themselves.
To move forward, survivors must provide evidence connecting the trafficking to the charge. That evidence can take many forms and does not require a single “perfect” document. The standard exists to protect the integrity of the process—not to shut people out who were genuinely exploited.
If you are unsure whether your situation fits, that uncertainty is common. Many survivors do not see how deeply trafficking shaped their charges until someone takes the time to walk through the facts with them. A careful legal review can help determine whether the TSRA offers a path to clearing your federal record.
The Trafficking Survivors Relief Act reflects something many people now understand: those who were controlled, threatened, or forced into criminal conduct should not carry those convictions for life. Federal records created through exploitation deserve to be corrected, not left to define someone’s future.
A private conversation with our experienced legal team can help you understand your options and whether this law applies to your situation. Call Thorsnes Bartolotta McGuire at (619) 236-9363 or fill out our online form to speak with a member of our team. Your call is confidential, and there is no cost to ask questions or learn more about the process.
How Trafficking Leads to Criminalization
It is a cruel irony: the very people who need protection from the law are often the ones the law punishes. Traffickers are masters of manipulation. They use "force, fraud, and coercion" to make people do things they would never choose to do.
Common ways survivors end up with criminal records include:
- Forced Theft: Being made to shoplift or steal to provide money for a trafficker.
- Drug Charges: Being forced to carry or sell illegal substances.
- Identity Crimes: Using fake documents or someone else's ID because a trafficker told them to.
- Mass-Scale Fraud: A growing trend where traffickers force victims to participate in internet scams or financial fraud.
Why We Care About Giving You a Clean Slate Under H.R. 4323 Trafficking Survivors Relief Act
At Thorsnes Bartolotta McGuire, we’ve seen firsthand how a "clean slate" can change a person's entire life. When you clear a record, you aren't just erasing ink on a page; you are restoring dignity.
We believe in the power of the H.R. 4323 Trafficking Survivors Relief Act because it aligns with our firm's mission: to fight for those who have experienced misfortunes that can't always be fixed in a normal courtroom.
A federal conviction can close doors automatically. Many employers, landlords, schools, and agencies rely on background checks that leave no room for context. Survivors are often put in an unfair position: explain deeply personal experiences to strangers or walk away from the opportunity altogether. That constant need to explain can be exhausting and discouraging, especially when all someone is trying to do is move forward.
Clearing your record means you can finally:
- Apply for work without a background check ending the conversation
- Volunteer at a child’s school or community organization
- Qualify for stable, long-term housing
- Pursue higher education, student loans, or professional licensing
What Lies Ahead: Why a Lawyer is Still Needed
While the passage of the TSRA Law is a massive win, the process isn't automatic. You don't just wake up and find your record gone. You have to file a formal motion in federal court, and the "burden of proof" is on you.
Under the law, you must show a judge "preponderance of the evidence" that your crime was caused by your trafficking. This involves:
- Gathering old police reports and court documents.
- Finding witness statements or evidence of the trafficking.
- Writing a legal argument that explains why you meet the rules of the Trafficking Survivors Relief Act.
This can be a scary and confusing process, especially if you have had bad experiences with the legal system in the past. Having a lawyer by your side can make all the difference. We know how to navigate the paperwork, speak to the judges, and tell your story in a way that the court understands.
Thorsnes Bartolotta McGuire: Standing With You
Since 1978, our firm’s greatest pride comes from the lives we help rebuild. We don't just look at cases; we look at people.
We know that talking about your past can be painful. That is why we offer a safe, professional, and empathetic environment. We have the resources and the 47 years of experience needed to handle complex federal cases, but we also have the heart to make sure you feel supported every step of the way.
The Trafficking Survivors Relief Act is a new tool in our hands, and we are ready to use it for you. You deserve to move forward without your past dragging you back.
If you are ready to see if you qualify for record relief, contact Thorsnes Bartolotta McGuire online or call us at (619) 236-9363.
