[§844D-72]  Destruction of samples and
expungement of searchable DNA database profile.  (a)  Except as provided
below, the department shall destroy the sample and expunge the searchable DNA
database profile pertaining to the person who has no present or past qualifying
offense of record upon receipt of a court order that verifies the applicant has
made the necessary showing at a noticed hearing, and that includes all of the
following:



(1)  The written request for expungement pursuant to
section 844D‑71;



(2)  A certified copy of the court order reversing and
dismissing the conviction or case, or a letter from the prosecuting attorney
certifying that the underlying conviction has been reversed and the case
dismissed;



(3)  A finding that written notice has been provided
to the prosecuting attorney and the department of the request for expungement;
and



(4)  A court order verifying that no retrial or appeal
of the case is pending, that it has been at least one hundred eighty days since
the defendant or minor has notified the prosecuting attorney and the department
of the expungement request, and that the court has not received an objection
from the department or the prosecuting attorney.



(b)  Upon receipt of the order of the court
pursuant to subsection (a), the department shall destroy any specimen or sample
collected from the person and any searchable DNA database profile pertaining to
the person, unless the department determines that the person is subject to the
provisions of this chapter because of a past qualifying offense of record or
is, or has otherwise become, obligated to submit a blood specimen or buccal
swab as a result of a separate conviction, or finding of guilty or not guilty
by reason of insanity for an offense described in section 844D‑31, or as
a condition of a plea.



(c)  The department is not required to destroy
an autoradiograph or other item obtained from a blood specimen if evidence
relating to another person subject to the provisions of this chapter would
thereby be destroyed.



(d)  Any identification, warrant, probable
cause to arrest, or arrest based upon a data bank match shall not be
invalidated due to a failure to expunge or a delay in expunging records.



(e)  Notwithstanding any other provision of
law, the designated entity is not required to expunge DNA profile or forensic
identification information or destroy or return specimens, samples, or print
impressions taken pursuant to this section based on a termination of a person's
duty to register pursuant to chapter 846E. [L 2005, c 112, pt of §1]