PART VI. 
REQUEST FOR EXPUNGEMENT OF INFORMATION; PROCEDURE



 



[§844D-71]  Expungement of DNA information
from state DNA database and data bank identification program.  (a)  A
person whose DNA profile has been included in the state DNA database and data
bank identification program pursuant to this chapter shall have the person's
DNA specimen and sample destroyed and searchable database profile expunged from
the program pursuant to section 844D-72 if:



(1)  The
person has no past or present offense which qualifies that person for inclusion
within the state DNA database and data bank identification program; and



(2)  There
otherwise is no legal basis for retaining the specimen or sample or searchable
profile.



(b)  A person requesting expungement of their
DNA specimen, sample, and profile:



(1)  May make a written request to have the person's
specimen and sample destroyed and searchable database profile expunged from the
state DNA database and data bank identification program if the underlying
conviction or disposition serving as the basis for including the DNA profile
has been reversed and the case dismissed; and



(2)  Shall send a copy of the person's request to the
trial court of the circuit that entered the conviction or rendered disposition
in the case, to the department, and to the prosecuting attorney of the county
in which the person was convicted or adjudicated, with proof of service on all
parties.



(c)  A court considering a request for
expungement made pursuant to this section, shall grant the request by order
pursuant to section 844D-72(a) if the criteria for expungement under subsection
(a) are met. [L 2005, c 112, pt of §1]