As a survivor of human trafficking, I know that exiting an abusive situation does not guarantee freedom. Among other burdens, many of us carry criminal records for actions we were forced to commit while trafficked — records that keep us from financial stability and put us at risk for revictimization, even years removed from trafficking.
But there is hope. Building on state-level policy progress, Congress has introduced the Trafficking Survivors Relief Act (TSRA), an important first step toward enabling federally criminalized survivors to clear records related to their trafficking. The TSRA would give survivors across the country the opportunity to break free of our pasts and build new lives.
The Criminalization of Victims and Survivors
During my exploitation, I had no idea I was being trafficked. My traffickers posed as boyfriends, saying they loved me and were going to save me. They preyed on the desire we all have for acceptance, protection, and belonging — a desire that made me vulnerable to their promises. They also exploited my adverse childhood experiences, including molestation and addiction.
I was eventually identified as a victim of trafficking during a high-profile case in Orlando. But even though I was a victim, I was also classified as a criminal. During my trafficking, I had been charged with racketeering, prostitution, possession, and grand theft. Ultimately, I was convicted of 16 felonies and sentenced to six years in prison as a direct result of my trafficking.
Over the years, I had cycled through the criminal justice system, seeing countless officers, judges, public defenders, and state attorneys. Never once did they ask deeper questions about why I kept coming in or whether I was a victim. I’ll never forget the police affidavit that stated, “Janice is a well-known prostitute who consumes a large number of narcotics daily.” When I read that, I felt stigmatized, shamed, and worthless — and I believed that was and always would be my identity.
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The Impact of Criminal Records
My experience is not unique. A recent National Survivor Study of 457 trafficking survivors in the U.S. found that 42% had a criminal record, with 90% of those reporting that some or all of their arrests were related to their exploitation. These records keep us from getting jobs, housing, education, and child custody.
I faced similar employment challenges after incarceration. I was going to school to be a paralegal, and a law firm offered me an internship. But when HR ran a background check, my criminal record cost me the opportunity. Even when employers were willing to overlook my record, I felt extremely vulnerable. I was afraid to explain my history, knowing that they could be good people wanting to help me — or predators who would use my background to take advantage of me.
It took a long time, but I finally became a paralegal and managed to get most of my record cleared under Florida’s state expungement law. Since then, I have served as a national legal advocate and residential program manager, assisting victims and survivors and training state judges, law enforcement, and jail and prison staff. I want to change the system, so this cycle doesn’t continue.
An Opportunity to Accelerate Change
Over the last several years, much has changed for the better. Many states are aware of the issue and have relief laws on the books. When I pursued expungement, I could only file one case in one county at a time — now, my clients can file all at once. But there is still a long way to go. Many of my clients have been in our program for one or two years but are still waiting on record expungement to find decent work.
What can we do? First, we need to keep improving state laws, making sure they not only exist but also work as intended, as quickly as possible. Furthermore, Congress must pass the TSRA and ensure effective implementation to help more survivors access federal record relief.
Given my experience, I know that survivors have everything in us to be successful. When we can have safety, stability, and security, we are capable of great things. Policies like the TSRA help create that supportive environment — so we can heal and thrive.
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