Wagner bill would vacate, expunge arrests of trafficking survivors

U.S. Rep. Ann Wagner (R-MO) on Tuesday proposed legislation that would help protect survivors of human trafficking from having a federal criminal record by vacating or expunging certain arrests.

“Far too often, traffickers force their victims to commit crimes against their will, trapping them in the illegal sex trade,” Rep. Wagner said. “This vital, bipartisan bill will ensure that these vulnerable individuals can access the resources they need to begin a new and safer life.”

Rep. Wagner signed on as one of 15 original cosponsors of the Trafficking Survivors Relief Act, H.R. 7137, which is sponsored by U.S. Rep. Russell Fry (R-SC). U.S. Rep. Ted Lieu (D-CA) is the lead original cosponsor.

If enacted, H.R. 7137 would provide federal criminal record relief to survivors of human trafficking who committed a non-violent offense as a direct result of having been a victim of trafficking, according to a bill summary provided by the lawmakers.

“I am proud to join Congressman Fry in reintroducing this important legislation that will allow survivors of human trafficking to rebuild their lives and break the cycle of exploitation,” said Rep. Wagner.

H.R. 7137 would establish an affirmative defense to provide survivors with the opportunity to defend against only the charges that arose directly from their trafficking victimization, and would provide relief for survivors who have already been convicted as a result of their trafficking victimization through vacatur, expungement, and sentencing mitigation, the summary says.

“Our bill would alleviate some of the burden associated with surviving trafficking by providing survivors with an opportunity to defend themselves against prosecution for crimes committed because they were being exploited,” said Rep. Lieu. “Trafficking survivors have endured enough — they should not also be subject to undue prosecution.”

The measure has garnered support from numerous groups, including the Asian American Hotel Owners Association, the Association of Prosecuting Attorneys, Hope for Justice, Rights 4 Girls, Shared Hope International, and the National Survivor Law Collective Policy Group, among others.