Bill Overview
Title: Trafficking Survivors Relief Act of 2022
Description: This bill establishes a process to vacate convictions and expunge arrest records for certain criminal offenses committed by victims of human trafficking that directly result from or relate to having been a trafficking victim. It defines the offenses eligible to be vacated or expunged and sets forth procedures for filing a motion. The bill directs the Government Accountability Office to assess the impact of this process, including the number of human trafficking survivors who file motions to vacate convictions or expunge records. The bill permits certain grants for legal representation to be used to seek post-conviction relief. Finally, the bill establishes a rebuttable presumption that certain offenses were induced by duress if the defendant establishes by clear and convincing evidence that he or she was a victim of human trafficking at the time of the offense.
Sponsors: Rep. Owens, Burgess [R-UT-4]
Target Audience
Population: Victims of human trafficking eligible for post-conviction relief
Estimated Size: 50000
- Human trafficking is a severe global issue affecting millions worldwide, with an estimated 25 million people trapped in some form of trafficking worldwide according to various international reports.
- Victims of human trafficking often face legal consequences for actions they were forced to commit, impacting their ability to reintegrate into society.
- The criminal records resulting from these actions can prevent survivors from accessing jobs, housing, and further education, and removing these records can significantly improve their quality of life.
Reasoning
- The Trafficking Survivors Relief Act of 2022 is aimed at providing legal relief to victims of human trafficking who have criminal convictions as a direct result of their trafficking situations.
- This policy is expected to significantly impact the lives of those who have been trafficked by improving their access to employment, housing, and education opportunities once their records are expunged or vacated.
- Due to budget constraints, it's important to prioritize cases where the legal relief can most effectively enhance the person's reintegration into society.
- From the estimated 50,000 potential beneficiaries in the U.S., not all will have the necessary documentation or will opt to have their records vacated or expunged, making the pool of applicants smaller.
- It's crucial to balance between providing broad access and ensuring deep, meaningful impacts on those who receive assistance.
Simulated Interviews
Part-time waitress (New York, NY)
Age: 32 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- I am relieved to have a chance to clear my record. It's difficult to find steady work with my criminal background even though I was forced into it.
- With this relief, I will be able to apply for better jobs and maybe even go back to school. It's a new beginning for me.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 7 | 4 |
| Year 3 | 8 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
Unemployed (Houston, TX)
Age: 29 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- I feel like I can finally put my past behind me. Getting rid of this conviction means I might have a chance at normal employment.
- I hope this policy helps others like me out of similar situations. It’s more than just legal relief, it's a chance for a new life.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 3 |
| Year 2 | 6 | 3 |
| Year 3 | 7 | 3 |
| Year 5 | 8 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 6 | 4 |
Customer service representative (Chicago, IL)
Age: 41 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 10/20
Statement of Opinion:
- While I don’t need legal relief through this bill, it's wonderful to see support for other survivors.
- It's necessary for empowering victims, and I support policies that continue to offer assistance in rebuilding lives.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Freelance artist (San Francisco, CA)
Age: 37 | Gender: other
Wellbeing Before Policy: 5
Duration of Impact: 3.0 years
Commonness: 4/20
Statement of Opinion:
- This relief could change everything. I avoided certain jobs and housing opportunities due to my record.
- Access to legal help and the chance to clean my past mistakes offers hope. I am grateful but also worried about the process length and complexity.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Janitor (Miami, FL)
Age: 50 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 4.0 years
Commonness: 6/20
Statement of Opinion:
- I'm hopeful this could lead to better job opportunities and possibly moving away from this city.
- I think this policy is long overdue and has the power to change lives.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 5 | 5 |
Student (Los Angeles, CA)
Age: 22 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 9/20
Statement of Opinion:
- I haven't needed direct help with legal records, but this could aid friends who faced harsher outcomes.
- Support systems like this are essential. We need more comprehensive care for survivors.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Factory worker (Seattle, WA)
Age: 46 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 2.0 years
Commonness: 8/20
Statement of Opinion:
- Although my story is publically cleared, I see this policy positively impacting those with severe legal barriers.
- It's important for legislative systems to humanize experiences of trafficking for real social change.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Caregiver (Portland, OR)
Age: 35 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 6.0 years
Commonness: 5/20
Statement of Opinion:
- I'm thankful for the opportunity this offers. I want to provide a stable environment for my children and without these charges, I believe I can.
- I'm concerned about discrimination during the application process, but optimistic nonetheless.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 5 |
Retail associate (Atlanta, GA)
Age: 27 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- Clearing these records means a chance at honest, meaningful employment. It's a gift I didn't expect.
- I'm worried about the financial and practical obstacles still in the way, though.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
Home care assistant (Boston, MA)
Age: 39 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 0.0 years
Commonness: 8/20
Statement of Opinion:
- I appreciate this act but have benefited from past legal aid services when settling my cases.
- Seeing others benefit similarly reassures me that we're moving in the right direction as a society.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Cost Estimates
Year 1: $5000000 (Low: $3000000, High: $8000000)
Year 2: $5000000 (Low: $3000000, High: $8000000)
Year 3: $5000000 (Low: $3000000, High: $8000000)
Year 5: $5000000 (Low: $3000000, High: $8000000)
Year 10: $5000000 (Low: $3000000, High: $8000000)
Year 100: $5000000 (Low: $3000000, High: $8000000)
Key Considerations
- The variability in the number of trafficking survivors seeking relief could impact cost estimates.
- There may be legal challenges or administrative hurdles that delay the implementation of the relief process.
- Sensitivity to changes in trafficking laws and recognition of new cases might affect future policy costs.