Freedom from Criminal Records: Major Improvements and a Long Way to Go

Far too many survivors of human trafficking escape their exploitation only to discover that they are not truly free of what happened to them. The criminal records many have picked up as a result of being trafficked are now hanging over their heads, making it harder for them to get housing, jobs, scholarships, or even custody of their own children.

Many states recognize how unfair this is and have enacted laws that allow trafficking survivors to clear records they obtained while being exploited.

In March 2019, Polaris released a report grading all 50 states and D.C. on the effectiveness and completeness of these laws. Each state report card included detailed information about ways to improve the current law — presuming there was one.

Since then, several states took up the challenge and made progress toward expanding criminal record relief for survivors of sex and labor trafficking. However, a great deal of work remains to be done to ensure survivors have a realistic opportunity to legally remove the records that hang over their lives. 

What Has Changed?

At the time of the first report in 2019, most states received a failing grade. Since then, 17 states responded to the call for better statutes that are more inclusive and easier to access, while two states actually dropped to lower scores, reversing their progress. The range of improvements is broad, from states that made significant changes or even enacted brand-new legislation to those that made more incremental changes. Our updated report and grades reflect the new laws enacted since the original publication – showing significant changes, highlighting survivor perspectives, and sharing additional recommendations.

Gaining Momentum

We are encouraged by the progress made in just a few years and by the availability of such strong examples for other states to follow. These innovative, survivor-centered, and meaningful improvements happened in states with leaders who represent the breadth of the political spectrum.

There are three states (Iowa, Maine, and Alaska) that still have no criminal record relief specific for trafficking survivors, and there is still no federal law, which is necessary to provide survivors the relief they need and deserve. Polaris encourages states to follow the example of the states highlighted in this update by introducing and passing legislation to improve criminal record relief for survivors of trafficking in their states.

Similarly, Congress must pass legislation to provide criminal record relief for survivors arrested and convicted for federal crimes who currently have no option for relief. Your Senators and Representatives need to hear from you. Take action by urging your members of Congress to support real, inclusive, trafficking-specific federal criminal record relief for survivors of sex and labor trafficking.

We recognize that there may be pending legislation and other efforts in states that we are not aware of. If you are a survivor, attorney who provides record relief, advocate, legislator, or other elected or non-elected government official, and you believe that your state has enacted improved legislation that we did not consider in our updated grading process or would like further assistance in improving your record relief statute for survivors of trafficking and the overall grade in your state, contact us at [email protected].