Sec. 18. (a) A person whose DNA profile has been included in the Indiana DNA data base may request removal of the profile from the DNA data base on the grounds that:
(1) the conviction on which the authority for inclusion in the Indiana DNA data base was founded has been reversed and the case has been dismissed; or
(2) the person's DNA profile has been included in the Indiana DNA data base on the basis of the person's arrest for one (1) or more felonies, and:
(A) the person was acquitted of all the felony charges, or all of the felonies were converted to misdemeanors under IC 35-38-1-1.5 or IC 35-50-2-7;
(B) all felony charges against the person were dismissed; or
(C) three hundred sixty-five (365) days have elapsed since the person's arrest and no felony charges have been filed against the person.
(b) All identifiable information in the Indiana DNA data base pertaining to a person requesting removal under subsection (a) shall be removed, and all samples from the person shall be destroyed, upon receipt of:
(1) a letter or form requesting removal under subsection (a); and
(2) a certified copy of a court order establishing a basis for removal described in this section;
as described in subsections (c) and (d).
(c) This subsection applies to a person if:
(1) the person's conviction has been reversed and the case dismissed (as described in subsection (a)(1));
(2) the person was acquitted of all felony charges or all felonies against the person were converted to misdemeanors (as described in subsection (a)(2)(A)); or
(3) all felony charges were dismissed (as described in subsection (a)(2)(B)).
A person to whom this subsection applies may request DNA removal by obtaining a certified copy of a court order evidencing a basis for removal described in subdivisions (1) through (3) and transmitting the certified copy of the order with a letter or form requesting DNA removal to the superintendent.
(d) This subsection applies to a person if three hundred sixty-five (365) days have elapsed since the person's arrest and no felony charges have been filed against the person (as described in subsection (a)(2)(C)). A person to whom this subsection applies may request DNA removal by notifying the prosecuting attorney, in writing, that:
(1) three hundred sixty-five (365) days have elapsed since the person's arrest;
(2) no felony charges have been filed against the person; and
(3) the person wishes to have the person's DNA removed from the data base.
Not later than thirty (30) days after receipt of a request for removal under this subsection, the prosecuting attorney shall consult the records maintained by the prosecuting attorney. If the person's claim appears to be meritorious, the prosecuting attorney shall file a request for removal with a court with jurisdiction. Upon receipt of a court order granting removal, the prosecuting attorney shall transmit a certified copy of the court order and a copy of the person's letter requesting DNA removal to the superintendent.
(e) Upon removal of a person's DNA profile from the Indiana DNA data base, the superintendent shall request removal of the person's DNA profile from the national DNA data base.
[Pre-2003 Recodification Citation: 10-1-9-20.]
As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.3.