Trafficking Survivors Relief Act: What It Means for Clearing Criminal Records

“The TSRA provides trafficking victims with a much welcomed tool on their road to recovery. Federal and state law already allow victims to bring lawsuits for damages against the perpetrators and those who benefitted from the trafficking, such as hotels, websites, and transport companies.

Now, on top of those legal options, victims can seek to clear their criminal records --- which should allow victims more employment and housing choices, and give them peace of mind.”

John J. O'Brien | Attorney at Thorsnes Bartolotta McGuire

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. The TRSA now offers a way forward for those living with the shadow of a federal record from a trafficking situation.

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:

1. 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.
2. 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.

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.

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 H.R. 4323 Trafficking Survivors Relief Act Matters

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 under the H.R. 4323 Trafficking Survivors Relief Act 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 for Trafficking Survivors Under the New TSRA Law

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.

Other Legal Paths for Recovery Beyond the Trafficking Survivors Relief Act

Survivors deserve to move forward without their past dragging them back. The passage of the Trafficking Survivors Relief Act is an important step forward for survivors seeking to clear records tied to their exploitation. 

However, it is important to understand that this process is separate from the civil cases our firm handles, and our team does not assist with filing claims or petitions under this law. Any claims falling under the Trafficking Survivors Relief Act will be referred to local nonprofit organizations that specialize in these types of cases and can provide the appropriate legal support.

At Thorsnes Bartolotta McGuire, we concentrate on civil cases that hold traffickers and those who facilitated the abuse legally responsible, not record-clearing claims under the Trafficking Survivors Relief Act. These civil cases can provide survivors with financial support and a path toward greater independence and stability.

If you have additional questions, contact Thorsnes Bartolotta McGuire online or call (619) 236-9363 to speak confidentially with our team.