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 Government Accountability Office must 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 creates a rebuttable presumption that a defendant committed certain offenses under duress if the defendant establishes that he or she was a victim of human trafficking at the time of the offense.
Sponsors: Sen. Gillibrand, Kirsten E. [D-NY]
Target Audience
Population: Individuals who are trafficking survivors with convictions related to their trafficking experience
Estimated Size: 10000
- Human trafficking is a global issue impacting millions worldwide. The UN estimates there are over 40 million victims globally.
- Human trafficking victims often face prosecution for crimes they were forced to commit, making this legislation relevant to anyone who was trafficked and subsequently convicted.
- Expunging records and vacating convictions can significantly improve the lives of these survivors by removing legal and social barriers associated with having a criminal record.
Reasoning
- The target population includes individuals who are survivors of human trafficking and have convictions related to their trafficking experience. This demographic is complex and diverse, likely spanning across different ages, genders, and backgrounds.
- A large number of trafficking survivors are women and young people, often from marginalized communities, which might affect their initial well-being scores.
- The policy will likely have a high impact on those eligible for relief, as it directly addresses barriers they face due to criminal records.
- However, not all survivors will have records that qualify for expungement, limiting the policy's impact to a subset of the target population.
- The budget constraints require careful alignment with the population's needs and the policy's procedural costs, ensuring enough survivors can benefit from the law.
- The program's size limits, focused on 10,000 individuals yearly, mean a select group will experience increased well-being outcomes, reducing social and legal stigmas they face.
Simulated Interviews
Retail Worker (Los Angeles, CA)
Age: 33 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- The policy offers me hope for a better future free from the stigma of my past.
- It's a chance for me to access better job opportunities and not have my records hold me back.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 7 | 4 |
| Year 5 | 8 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 6 |
Construction Worker (New York, NY)
Age: 27 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- This law can finally clear my name and help me work legally without fear.
- The ability to expunge my record means I can provide better for my family.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 3 |
| Year 2 | 7 | 3 |
| Year 3 | 8 | 3 |
| Year 5 | 9 | 4 |
| Year 10 | 9 | 5 |
| Year 20 | 8 | 6 |
Unemployed (Houston, TX)
Age: 45 | Gender: female
Wellbeing Before Policy: 2
Duration of Impact: 8.0 years
Commonness: 7/20
Statement of Opinion:
- I'm skeptical but hopeful; I may access housing and job opportunities without my record looming.
- Having no criminal record could mean I finally get a fresh start.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 2 |
| Year 2 | 5 | 3 |
| Year 3 | 6 | 3 |
| Year 5 | 7 | 3 |
| Year 10 | 8 | 4 |
| Year 20 | 7 | 5 |
College Student (Miami, FL)
Age: 19 | Gender: other
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- This bill could save my college and career plans as it removes the burden of a criminal record.
- It gives me a fair chance to build my life like any other student.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 8 | 5 |
| Year 3 | 8 | 5 |
| Year 5 | 9 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 9 | 7 |
Small Business Owner (Chicago, IL)
Age: 50 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 7.0 years
Commonness: 4/20
Statement of Opinion:
- I hope this process will recognize international trafficking survivors and validate their experiences.
- Clearing my name through this bill might enable me to grow my business further.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Social Worker (Atlanta, GA)
Age: 41 | Gender: female
Wellbeing Before Policy: 3
Duration of Impact: 9.0 years
Commonness: 7/20
Statement of Opinion:
- If successful, I'll have the chance to engage fully in my profession and advocate for others like me.
- The bill represents long-overdue justice for survivors blamed for crimes they didn't commit.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 3 |
| Year 2 | 6 | 3 |
| Year 3 | 7 | 4 |
| Year 5 | 8 | 4 |
| Year 10 | 8 | 5 |
| Year 20 | 8 | 5 |
Freelancer (San Francisco, CA)
Age: 36 | Gender: female
Wellbeing Before Policy: 4
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- This bill could lift the longstanding burden of my past and open doors to new opportunities.
- Having my record cleared will greatly improve my mental health and confidence.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 4 |
| Year 2 | 7 | 5 |
| Year 3 | 8 | 5 |
| Year 5 | 9 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 9 | 6 |
Student (Seattle, WA)
Age: 22 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 3/20
Statement of Opinion:
- This policy gives me hope to pursue my dreams without the shackles of a criminal past.
- It's a bridge to a future where my potential is not limited by past abuses.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 8 |
Retired (Phoenix, AZ)
Age: 58 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 8.0 years
Commonness: 4/20
Statement of Opinion:
- This might finally bring closure and peace in my later years by removing unjust labels.
- Having a clean record is an overdue recognition of my ordeal and perseverance.
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 | 8 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 7 |
Barista (Boston, MA)
Age: 29 | Gender: other
Wellbeing Before Policy: 3
Duration of Impact: 7.0 years
Commonness: 5/20
Statement of Opinion:
- I see this policy as a chance to reclaim what has been unfairly taken.
- Clearing my record could allow me to finally travel freely and pursue new goals.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 3 |
| Year 2 | 5 | 3 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 7 | 5 |
| Year 20 | 8 | 5 |
Cost Estimates
Year 1: $20000000 (Low: $15000000, High: $25000000)
Year 2: $20000000 (Low: $15000000, High: $25000000)
Year 3: $20000000 (Low: $15000000, High: $25000000)
Year 5: $20000000 (Low: $15000000, High: $25000000)
Year 10: $20000000 (Low: $15000000, High: $25000000)
Year 100: $20000000 (Low: $15000000, High: $25000000)
Key Considerations
- Federal vs. state responsibility for processing vacated records - this might affect costs.
- Potential savings related to reduced recidivism vs. upfront costs of legal aid grants.
- Employment and social benefit improvements for survivors, leading to indirect economic benefits.