Expungement of deoxyribonucleic acid from crime laboratories if person not adjudicated guilty or delinquent. (FE)

Under current law, an individual whose DNA data are in the data bank due to a conviction or adjudication may request expungement on the grounds that the conviction or adjudication has been reversed, set aside, or vacated. If the crime laboratories receive a certified copy of the court order reversing, setting aside, or vacating the conviction or adjudication, the laboratories must purge all records and identifiable information in the data bank pertaining to the individual and destroy all samples from the individual. Beginning April 1, 2015, if an individual submitted a specimen at arrest or when taken into custody, or by court order if, when the charges were filed, the judge determined that the individual had not submitted a specimen, DOJ must similarly purge all records and information upon a written request from the individual if all charges requiring submission have been dismissed;

if the trial court reached a final disposition and the individual was not found guilty of any charges requiring submission; if at least one year has passed since the arrest and the individual has not been charged; or if the individual was found guilty of a crime requiring submission but all such convictions have since been reversed, set aside, or vacated.

Under this bill, beginning April 1, 2015, if a court reaches final disposition for all charges or allegations for which a person was required to provide a biological specimen at arrest or charging and the person is not adjudged guilty or delinquent on any such charge or allegation, the court must inform DOJ. Then DOJ must purge all records and information, and destroy all samples, in the data bank pertaining to the person.