The court may grant relief on a preponderance of the evidence after notice to the Government
What the document says“The court may grant a motion under paragraph (1)(A) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that-- ``(i) the movant was convicted of a level A offense; and ``(ii) the participation in the level A offense by the movant was a direct result of the movant having been a victim of trafficking.”
The same structure governs all three motions: notice to the Government, an opportunity to be heard, and findings by a preponderance of the evidence. For a motion to vacate, the court must find the movant was convicted of a level A offense and that participation in it was a direct result of having been a victim of trafficking. For expunging a level A arrest, the court must find the arrest was for a level A offense and the conduct was directly related to having been a victim of trafficking. For expunging a level B arrest, the court must find the same link plus one of the outcomes listed in the motion provision. In each case the court may grant the motion; it is not directed to.
What the document actually says“The court may grant a motion under paragraph (1)(A) if, after notice to the Government and an opportunity to be heard, the court finds, by a preponderance of the evidence, that-- ``(i) the movant was convicted of a level A offense; and ``(ii) the participation in the level A offense by the movant was a direct result of the movant having been a victim of trafficking.”
The judge can say yes to the ask. First the government gets word and a chance to speak. The judge must find two things are more likely true than not.
The two things are that the person was found guilty, and that they took part because they were forced. A like test is used for erasing arrests. The word can matters here. The judge is allowed to say yes but is not told to.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.