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Trafficking Survivors Relief ActSection 2 › Proposal

A person arrested for a level B offense can move to expunge the arrest records on narrower terms

To provide for the vacating of certain convictions and expungement of certain arrests of victims of human trafficking, section 2, Sec. 2. Written by .

A person arrested for a level B offense can move to expunge the arrest records on narrower terms

The document says “canWho acts: persons arrested for level B offenses, United States district courtsHow: statuteSec. 2 in the PDF
What the document says

“A person arrested for any level B offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if--”

To provide for the vacating of certain convictions and expungement of certain arrests of victims of human trafficking, Sec. 2

The third motion, and the only one that reaches a violent crime. It is available on two conditions read together. The conduct or alleged conduct that resulted in the arrest must have been directly related to the movant having been a victim of trafficking. And the level B charge must have ended without a standing conviction: the movant was acquitted, or the Government did not pursue or moved to dismiss the charges, or the charge was reduced to a level A offense which itself ended in acquittal, dismissal, non pursuit or a vacated conviction. No motion to vacate a conviction of a level B offense is created.

What the document actually says

“A person arrested for any level B offense (or an attorney representing such a person) may move the district court of the United States for the district and division embracing the place where the person was arrested to expunge all records of the arrest if--”

To provide for the vacating of certain convictions and expungement of certain arrests of victims of human trafficking, Sec. 2
That sentence, in plain words

A person held for a level B crime can ask a court to erase all records of the arrest. Their lawyer can ask too. Some tests must be met.

What this is about

Level B crimes are violent, so the tests are harder. The arrest must be tied to being forced. And the case must have ended with no guilty ruling left standing.

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