WASHINGTON, D.C. – U.S. Senator Shelley Moore Capito (R-W.Va.) this week co-sponsored the Trafficking Survivors Relief Act, which would help human trafficking victims by clearing any federal convictions for nonviolent crimes from criminal records. The bill was introduced by U.S. Senators Rob Portman (R-Ohio) and Kirsten Gillibrand (D-N.Y.).

“This form of modern slavery is occurring everywhere, including right here in West Virginia,” said Senator Capito. “Innocent victims that have been targeted by human trafficking have suffered enough. I whole-heartedly support this legislation and sending a strong message that these victims will no longer go unnoticed.”

Human trafficking affects millions in the United States and abroad. This crime involves either the use of force, fraud or coercion to exploit a person for labor or commercial sex, or the exploitation of a minor for commercial sex. As a result of being trafficked, victims are commonly charged with crimes such as conspiracy, money laundering, drug trafficking and related offenses that then follow them for the rest of their lives. These charges make it difficult for human trafficking victims to find jobs and housing, leaving them vulnerable to being exploited and trafficked again.

The Trafficking Survivors Relief Act would clear from criminal records any federal convictions for nonviolent crimes committed directly as a result of being trafficked. It would require victims to provide supporting documentation in order to get their non-violent criminal records vacated. These documents can include the following: 

  • Certified criminal or immigration court proceedings or law enforcement records demonstrating that the individual was a victim of trafficking at the time they were charged with the trafficking-related offense(s).
  • Testimony or sworn statement from a trained professional staff member of a victim services organization, an attorney, member of the clergy, a health care professional, a therapist, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim of trafficking.
  • An affidavit or sworn testimony of the movant indicating that they were a victim of human trafficking at the time of their arrest and that they engaged in or were otherwise accused of engaging in criminal activities as a direct result of being a victim of human trafficking.

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