Expungement of Dna Profile in Data Bank; Requirements

1. Law
2. Georgia Code
3. Law Enforcement Officers and Agencies
4. Georgia Bureau of Investigation
5. Dna Sampling, Collection, and Analysis
6. Expungement of Dna Profile in Data Bank; Requirements

1. The bureau shall purge all records and identifiable information in the data bank pertaining to the DNA profile of the individual and shall destroy all such DNA samples collected from such individual within 30 days of the receipt of a certified copy of the applicable:
   1. Court order reversing the conviction together with a court order or documentation from the prosecuting attorney stating that the charges were dismissed;
   2. Judgment of acquittal;
   3. Sentencing order showing that all of the felony charges were reduced to misdemeanors; or
   4. Court order showing the successful completion of the sentence that was imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2.
2. A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article shall be authorized until it is expunged as set forth in subsection (a) of this Code section.

(Code 1981, §35-3-165, enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2019, p. 299, § 3/HB 470.)

The 2019 amendment, effective April 28, 2019, substituted the present provisions of subsection (a) for the former provisions, which read: "A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction."; and substituted "shall be authorized until it is expunged as set forth in subsection (a) of this Code section" for "is authorized until a court order directing expungement is obtained and submitted to the bureau" in the middle of subsection (b).

RESEARCH REFERENCES

ALR.

- Judicial expunction of criminal record of convicted adult in absence of authorizing statute, 68 A.L.R.6th 1.

Judicial expunction of criminal record of convicted adult under statute - General principles, and expunction of criminal records under statutes providing for such relief where criminal proceeding is terminated in favor of defendant, upon completion of probation, upon suspended sentence, and where expungement relief predicated upon type, and number, of offenses, 69 A.L.R.6th 1.

Judicial expunction of criminal record of convicted adult under statute - Expunction under statutes addressing "first offenders" and "innocent persons," where conviction was for minor drug or other offense, where indictment has not been presented against accused or accused has been released from custody, and where court considered impact of nolle prosequi, partial dismissal, pardon, rehabilitation, and lesser-included offenses, 70 A.L.R.6th 1.

ARTICLE 7 STATE-WIDE ALERT SYSTEM FOR MISSING DISABLED ADULTS

Editor's notes.

- Ga. L. 2008, p. 233, § 1/SB 202 redesignated former Article 7 of Chapter 3 of Title 38 as Article 7 of Chapter 3 of Title 35.

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