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Expungement Ala. Code § 36-18-26 Alaska Stat. § 44.41.035 Ariz. Rev. Stat. § 13-610 Ark. Code Ann. § 12-12-1113 Cal. Penal Code § 299 No provision Conn. Gen. Stat. Ann. § 54-102l Del. Code Ann. 29 § 4713 No provision Ga. Code Ann. § 24-4-65 Hawaii H.B. 1733 §§ 71, 72, 53 Idaho Code § 19-5513 730 Ill. Comp. Stat. Ann. § 5/5-4-3 Ind. Code Ann. § 10-13-6-18 Iowa Code Ann. §§ 81.9, 81.1 No provision Ky. Rev. Stat. Ann. § 17.175 La. Rev. Stat. Ann. § 15:614 Me. Rev. Stat. Ann. 25 § 1577 Md. Code Ann., Pub. Saf. § 2-511, Crim. Proc. § 10-105 Mass. Gen. Laws Ann. 22E § 15 Mich. Comp. Laws Ann. § 28.176 No provision No provision Mo. Ann. Stat. § 650.055 Mont. Code Ann. § 44-6-107 Neb. Rev. Stat. § 29-4109 No specific provisions N.H. Rev. Stat. Ann. § 651-C:5 N.J. Stat. Ann. § 53:1-20.25 N.M. Stat. Ann. § 29-16-10 N.Y. Exec. Law § 995-c N.C. Gen. Stat. § 15A-148 N.D. Cent. Code § 31-13-07 No provision No provision Or. Rev. Stat. § 181.085 Pa. Stat. Ann. 44 § 2321 R.I. Gen. Laws § 12-1.5-13 S.C. Code Ann. § 23-3-660 S.D. Codified Laws §§ 23-5A-28 to 23-5A-31 No provision Tex. Gov't Code Ann. §§ 411.1471, 411.151 Utah Code Ann. § 53-10-406 Vt. Stat. Ann. 20 § 1940 Va. Code Ann. §§ 19.2-310.7, 19.2-310.2:1 No provision W. Va. Code Ann. § 15-2B-11 Wis. Stat. Ann. § 165.77 Wyo. Stat. Ann. §7-19-405
What Are the Grounds Conviction rev'd Conviction rev'd, and person Conviction overturned and final mandate Adjudication of guilt Conviction or disposition rev'd and case dismissed; or *** Conviction rev'd and Conviction rev'd or *** Conviction rev'd and Underlying conviction rev'd and case dismissed Conviction rev'd and Conviction rev'd based on actual innocence Conviction rev'd and Conviction, adjudication, or civil commitment *** Conviction rev'd and Conviction rev'd and case dismissed; Conviction or adjudication [See Crim. Proc. § 10-105; grounds for Conviction or judicial determination Conviction rev'd [Minn. Stat. Ann. § 299C.105 *** Conviction rev'd or dismissed; or Conviction or adjudication Conviction rev'd and [§§ 179A.075 and 179A.160 pertain Conviction rev'd or  Conviction or adjudication rev'd Conviction rev'd Conviction rev'd or vacated; or Conviction rev'd and dismissed; or Conviction rev'd or *** [74 § 150.27a authorizes Conviction, judgment, or order rev'd Conviction or adjudication rev'd and case Conviction rev'd; or person has Conviction or adjudication rev'd, Conviction or adjudication rev'd *** See Crim. Proc. Art. 55.01: Tried and acquitted; convicted Conviction, judgment, or Conviction rev'd, and case is nolle prosequi or Conviction rev'd and  *** Conviction rev'd and Conviction or adjudication rev'd, Conviction rev'd
for Expungement?   not retried or retried and acquitted issued; or conviction of misdemeanor rev'd and case dismissed defendant factually innocent, not guilty or acquitted   case dismissed case dismissed   case dismissed (and no retrial or appeal is pending) case dismissed or a pardon based on actual innocence case dismissed rev'd on appeal and case dismissed   case dismissed arrest doesn't lead to conviction rev'd or dismissed expung. include acquittal, pardon, etc.] rev'd and case dismissed   contains some provisions regarding   plea of guilt or nolo contendere set aside rev'd case dismissed generally to retention and expungement case dismissed and case dismissed   pardon granted pardon of innocence granted case dismissed   the Oklahoma State   dismissed; or DNA entered by mistake been dead at least 3 yrs. set aside or vacated. and case dismissed   and acquitted or pardoned; charge no longer pending court order rev'd dismissed or person is granted full pardon case dismissed   case dismissed set aside, or vacated. and dismissed
What is Expunged? Records Material in the system Records Records and sample Criminal ID records, identifiable *** Records, identifiable Identifiable information *** Records, identifiable Searchable DNA profile and samples or specimens Identifiable information and sample Record, related samples, Identifiable information DNA "record" - i.e., the sample, profile *** Identifiable information Records, identifiable Records and identifiable Records, identifiable Record Sample and record (disposed in presence expungment, but they appear to *** Records, identifiable Record Records, identifiable of criminal history records; § 179A.075 Records, identifiable Records, identifiable DNA records and sample Index [database] record, sample, and other DNA record and sample Identifiable information *** Bureau of Investigation Sample, physical evidence, and criminal Records, identifiable Records, identifiable Records, identifiable Records, identifiable *** DNA record Criminal ID records Records, identifiable information Records, identifiable *** Records, identifiable Records, identifiable Records and identifiable
    relating to the person     information, and sample   information and samples and samples   information and samples     analyses, and documents and samples and other identifiable records   and samples information and samples information information and samples   of witness; record kept of disposal) apply only to suspects or arrestees   information and samples   information and samples does specifically incorporate records information and samples information and samples   records, analyses, and related documents   and samples   (OSBI) to promulgate ID records generated from the sample information and samples information and samples information and samples information and samples     and samples and samples information and samples   information and samples information and samples information
What is the Process Director authorized and Expungment occurs upon receipt Petition court for an expungement Petition court; notify county prosecutor; The court that reverses the case sends an *** Expungement upon receipt of Petition the court for an *** Expungement upon receipt of Send a written request to the trial court, to the Written request to trial court; notify prosecuting Upon notification of reversal or pardon, the Expungement upon receipt of a written Expungement upon receipt of a written *** Expungement upon receipt of Expungement upon receipt of Petition court for expungement order; [See Crim. Proc. § 10-105; petition At least one year after reversal or dismissal, Petition the sentencing court; prove by clear who are later found not guilty or  *** Petition court issuing the order reversing the conviction; The county atty of the county in Expungement upon receipt of generated from DNA testing; however, Expungement upon receipt of Petition court; notify the prosecutor in the Expungement upon receipt of a Petition court; notify DA; expungement granted Court orders expungement upon dismissal or Petition the district court; lab *** rules concerning Expungement upon receipt of a Expungement upon receipt of a written request plus Expungement upon receipt of a Expungement upon receipt of a written Expungement upon receipt of a written *** See Crim. Proc. Art. 55.02: Upon acquittal, trial court Expungement upon receipt of a The court or governor notifies the dept. of Expungement upon receipt of a *** Petition court; notify prosecuting in the Expungement upon receipt of a Expungement upon receipt of a
for Expungement? empowered to expunge of a court order (that ensures order hearing; expungement order granted;  expungement order to the DOJ Lab director; or, upon   a written request plus a copy  expungement order   a written request plus a copy  police dept., and to the prosecuting attorney. attorney and forensics bureau; court has Dept. of State Police expunge DNA records request, the certified court order reversing request, the certified court order reversing   a written request plus a certified a written request plus a certified Expungement order plus court order court, the court holds a hearing if the  or after the DA has authorized that he and convincing evidence that the conviction cleared of wrongdoing (see below)   Send written request, certified copy of court order, and which the conviction took place a written request plus a certified the expungement provisions appear to a written request plus a certified county in which the conviction was obtained; written request plus a certified copy if petitioner won't be retried or has been pardon; expungement and appellate court  expunges material upon receipt   expungement] written request plus a certified copy a certified copy of the final court order reversing and written request plus a certified request, a certified court order reversing, request, a certified court order reversing and   advises defendant of right to expungement;  written request plus a certified public safety of the dismissal of the case; written request plus a certified copy   judicial district where conviction occurred; written request plus a certified copy written request plus a certified copy of
  records upon request the expung. criteria have been met)   Expung. order plus order reversing  written request (to the court, lab, or DA), the court   of the court order reversing     of the court order reversing Court orders expungement absent other qualifying discretion in issuing expungement; there's no and samples, and send a letter to the court  and dismissing the conviction, and any  and dismissing the conviction, and any   copy of the court order reversing court order of expungement properly reversing conviction sent to the State Attorney objects to expungement; contemplates no further prosecution, the  was reversed based upon the great weight of The procedures in § 609A.03   any other info needed to validate the request to the notifies the dept. of justice copy of the court order reversing the pertain strictly to traditional criminal copy of the court order reversing the Expung. order plus court order reversing  of the court order reversing the conviction acquitted, and if expungement won't harm other orders sent to SBI; upon expungement, SBI of a certified court order     of the court order reversing the  dismissing the conviction; or upon clear & convincing copy of the court order reversing vacating, or setting aside the conviction, dismissing the conviction, and other information   defendant petitions court; notify proper officials; copy of the court order reversing dept. expunges records and samples and upon of the court order reversing and    expungement order plus certified copy of order of the court order reversing, setting the court order reversing and dismissing
  of an individual.     conviction sent to the crime lab. holds a hearing and makes a non-appealable decision   and dismissing the conviction     and dismissing the conviction offenses or legal basis for keeping the DNA right of appeal; court sends expungement order to police verifying that expungement has occurred other info needed to validate the request other info needed to validate the request   and dismissing the conviction obtained pursuant to RS 44:9 police. otherwise, court issues an order] individual may petition the court for expungment. the evidence; court issues expungement order may apply for expungment of DNA   MO State Highway Patrol crime laboratory   conviction and dismissing the case history records and do not address the conviction and dismissing the case conviction sent to State Bureau of Identification on which inclusion was based investigations or prosecutions for the crime sends documentation to defendant, his atty       conviction, judgment, or order proof that the DNA was entered by mistake the conviction and proof of identification. needed to validate the request.   hearing; expung. order sent to public safety director the conviction, judgment, or order completion notifies individual via certified mail dismissing the conviction   dismissing case sent to div. of public safety aside, or vacating the conviction the conviction or mandating expungement
Notes *** *** *** Expungment is not required if one of Any identification, warrant, probable cause to arrest, or *** [Pub. Act 03-242, not yet codified, *** *** *** The deterntion, arrest, wardship, adjudication, or Notwithstanding this section, no sample, evidence, or *** *** *** [Kan. Stat. Ann. § 21-2511 authorizes *** *** *** The DNA Database expungement *** The petitioner must show that there was from convicted offenders whose *** The laboratory is not required to destroy physical *** *** issues relevant to expungement of  A Juvenile's DNA record  is not  If one of the bases for inclusion in the database The head of the Adminstrative Center The statute authorizes rulemaking for  *** *** ***   The department is not required to destroy evidence if An incarcerated or previously incarcerated *** *** Destruction of physical evidence is not required *** The director by rule may permit administrative removal of a Destruction of physical evidence is not required *** *** *** *** *** ***
        the grounds for inclusion was not arrest based on a data bank or database match is not   provides for expungement and       conviction of a person based upon a data bank info is affected by an order to set aside the conviction       the Kansas Bureau of Investigation to       statute (§ 2-511) refers to the general   overwhelming evidence against the original convictions are later reversed, but   evidence if doing so would destroy another's evidence     DNA records and samples.] automatically expunged when he was other than conviction or adjudication, that is to ensure that the DNA is  expungement in other appropriate         doing so would also destroy another's evidence. person can't seek expungement on the basis     if doing so would destroy another's evidence   record, sample, or other information erroneously included in if doing so would destroy another's evidence            
        based on an adjudication of guilt invalidated due to a failure to expunge or a delay in   destruction of samples when they       match or database info shall not be invalidated The state police is not required to destroy evidence if       promulgate rules and regulations       provision (§ 10-105) for expungement   verdict, which resulted in a miscarriage of this is not clear from the statute.]   Any ID, warrant, arrest, or evidentiary use of a match is       reaches adulthood entry shall not be subject to expungement expugned from CODIS circumstances         Notwithstanding this subsection, no sample or records that he was convicted or adjudicated      Failure or delay in expungement doesn't invalidate   a database. Notwithstanding this section, no sample, physical evidence, or            
          expunging records.   were inappropriately obtained]        if the DNA was retained by mistake doing so would also destroy another's evidence.       regarding expungement]       of police records.   justice.     not invalidated by a failure of or delay in expungement.                       are affected by an order to set aside a conviction delinquent prior to enactment of this statute     probable cause, arrest, etc., based on match     records may be affected by an order to set aside a conviction            
Sample Retention / Destruction No provision No provision Ariz. Rev. Stat. § 13-610 Ark. Code Ann. § 12-12-1106 Cal. Penal Code §§ 295.1, 296.1, 299.7 No provision Conn. Gen. Stat. Ann. § 54-102i No provision No provision Ga. Code Ann. § 24-4-62 Hawaii H.B. 1733 § 93 Idaho Code §§ 19-5505, 19-5516 No provision No provision Iowa Code Ann. §§ 81.1, 81.3 Kan. Stat. Ann. § 21-2511 No provision La. Rev. Stat. Ann. § 15:606 Me. Rev. Stat. Ann. 25 § 1572 Md. Code Ann., Pub. Saf. § 2-506, Md. Regs. Code § 29.05.14 No provision No provision No provision No provision No provision No provision Neb. Rev. Stat. § 29-4105 No provision No provision N.J. Stat. Ann. § 53:1-20.21 N.M. Stat. Ann. § 29-16-4 No provision N.C. Gen. Stat. § 15A-266.5 No provision No provision No provision No provision Pa. Stat. Ann. 44 § 2313 R.I. Gen. Laws §§ 12-1.5-5, 12-1.5-10 No provision S.D. Codified Laws §§ 23-5A-2, 23-5A-18 No provision No provision No provision Vt. Stat. Ann. 20 § 1938 Va. Code Ann. § 19.2-310.4 Wash. Rev. Code Ann. § 43.43.754 W. Va. Code Ann. § 15-2B-8 Wis. Stat. Ann. § 165.77 No provision
Provisions Concerning the [§ 36-18-22 authorizes and [§ 44.41.035: Samples are part of The Dept. of Public Safety shall The State DNA Data Bank is the The DNA Lab of the Department of Justice (DOJ) shall *** Unused samples are to be *** *** The unused portions of DNA The police dept. is authorized to dispose of unused The DNA Databank and Database are repositories for *** *** DNA samples are retained in the DNA DNA samples are to be maintained *** The State DNA Data Bank is the The State DNA Data Bank is the DNA samples are stored in the [22E § 6 authorizes the crime lab director to *** [§ 299C.155 authorizes ***   *** The State DNA Sample Bank is the *** *** DNA samples are stored and maintained in The Administrative Center serves as a repository *** The DNA sample and record are stored *** [§ 109.573 authorizes the [74 § 150.27a authorizes [§ 181.085 authorizes the Dept. of State Police to The State DNA Data Bank is the repository The State DNA Data Bank is *** The State DNA Data Bank is the repository [§ 38-6-113 authorizes the *** [§ 53-10-406 authorizes the Bureau of Forensic Services DNA samples are stored in The unused portion of a DNA sample Any sample may be retained DNA samples are stored and maintained in the The laboratory shall destroy specimens ***
Retention or Destruction of empowers the director to the DNA ID registration system; maintain samples of blood and repository for DNA samples be the repository of blood and biological samples   stored; use of these samples     samples remaining after or expired samples (or portions thereof), provided DNA samples and profiles, respectively     data bank. by Kansas Bureau of Investigation   repository for DNA samples repository for DNA samples statewide DNA repository promulgate rules regarding the storage and   the Criminal Bureau to       repository for DNA samples     the State DNA Databank; the DNA record is for DNA samples   in the State DNA Databank and Database,   superintendant of the Bureau OSBI to promulgate rules adopt rules for storing and destroying samples] for samples. the repository for samples.   for samples. Bureau of Investigation to    to make rules regarding the storage and destruction of the state DNA data bank remaining after analysis is to be by the forensic laboratory DNA databank; DNA samples, without identifying after analysis has been completed  
DNA Samples store DNA samples;  however, there is no explicit other bodily substances for at   Once a federal data bank is set up, the California   is limited to retesting or to     analysis are to be securely the disposal method is designed to protect the Unused portions or expired samples can be disposed       (KBI is the repository for samples)       Records are to be expunged 100 years disposal of samples]   adopt rules to maintain       Samples and records from qualifying     stored and maintained in the State DNA     respectively   of Criminal Identification concerning storage of     The samples are to be locked   Unused portions of samples remaining after analysis promulgate rules regarding   samples.]   securely stored; it can be used only services bureau. information, may also be stored in any DNA and the applicable court proceedings  
  however, there is no explicit provision on storage or destruction least 35 years   DOJ will forward (upon request) its samples to the   the statistical data base     stored and used only for  identity and origin of samples from disclosure to provided they are done in a manner that protects               from the date of submission     and preserve DNA       offenders are permanently retained     Database         to establish procedures samples]     with a coded locking system,   can only be used for limited purposes (e.g., the maintenance and       for retesting or for the population   typing, testing or research laboratory selected have concluded; this provision applies  
  provision on the storage or of the samples]     federal DOJ   [Pub. Act 03-242, not yet codified,     retesting or the statistical third parties who are not part of law enforcement. the identity and origin of the samples from disclosure                     samples]       Forensic casework samples and records                for collection, maintenance,       limiting access.   retesting, quality control, forensic validation, etc.) preservation of samples]       statistical database (provided all   by the Division of Public Safety both to offender and volunteer samples  
  destruction of the samples]       Unused or expired samples can be disposed   provides for destruction of samples     database (provided there's no   to non-law enforcement third parties                             are retained only as long as needed for                preservation and analysis of           [§ 23-5A-16 authorizes the attorney general to         identifying information is removed)        
              when inappropriately obtained]     identifying information)                                 criminal prosecutions or investigations               DNA specimens]           promulgate rules regarding storage of samples]                  
Voluntary Donors / Suspects / Arrestees No provision Alaska Stat. § 44.41.035 No provision No provision Cal. Penal Code § 297 No provision No provision No provision Fla. Stat. Ann. § 943.325 No provision Hawaii H.B. 1733 § 53 No provision No provision No provision Iowa Code Ann. § 81.9 No provision No provision La. Rev. Stat. Ann. § 15:614 No provision No provision No provision Mich. Comp. Laws Ann. § 28.176 Minn. Stat. Ann. § 299C.105 No provision No provision Mont. Code Ann. § 44-6-102 Neb. Rev. Stat. § 29-4105 No provision No provision No provision N.M. Stat. Ann. §§ 29-16-6, 29-16-8.1, 29-16-10.1 N.Y. Exec. Law § 995-c No provision No provision Ohio Rev. Code Ann. § 109.573 No provision No provision No provision No provision No provision No provision No provision Tex. Gov't Code Ann. §§ 411.146, 411.149, 411.1471 No provision Vt. Stat. Ann. 20 §§ 1938, 1940 Va. Code Ann. § 19.2-310.2:1 No provision No provision Wis. Stat. Ann. § 165.77 No provision
Provisions Regarding the  *** The statute authorizes collection *** *** A sample taken in course of investigation, voluntarily *** *** *** The Dept. of Law Enforcement *** A DNA sample from a suspect can be  *** *** *** Upon receipt of a written request by a  *** *** An arrestee can request *** *** *** Any other DNA profile obtained by the dept. DNA is collected from individuals once *** *** *** Samples and records related to forensic [§§ 179A.075 and 179A.160 *** *** Samples from unidentified or relatives of a missing person If an individual, either voluntarily or pursuant to a *** *** A close relative can submit a DNA *** *** *** *** *** *** *** These statutes authorize the collection of DNA *** Except for forensic unknown samples or records, no DNA Samples and records from arrestees *** *** Voluntary samples shall not be included ***
Retention and Expungement of   of a sample from a voluntary     or by court order, from a person who has not been       may receive and utilize other   profiled, compared by the department in       person who voluntarily submitted a DNA     expungement when his arrest       of state police shall not be permanently they've appeared in court and have       casework shall be retained only as long might conceivably apply,     shall be provided upon: completion of a permission to  warrant or court order, has given a DNA sample     sample for the missing persons               samples from volunteer donors.   samples or records obtained voluntarily or via a nontestimonial are destroyed upon acquittal or      in the data bank; labs can compare the  
DNA Samples and Records   donor for inclusion into the     convicted, may only be compared to samples from that       DNA samples; any analysis   as many cases and investigations as        sample for purposes of helping law      does not lead to a conviction or       retained but shall be retained only as long as had a probable cause determination.       as needed for a criminal investigation or as these deal with removal of     search form; the receipt of a properly executed search regarding the investigation or prosecution of a     database.  The Bureau of Criminal               Arrestees' samples and records are destroyed   identification order shall be entered into the database or databank dismissal of the charge.     voluntary DNA with other samples; labs  
from Voluntary Donors, Suspects   DNA registration system     specific criminal investigation, and may not be compared       shall be entered into the DNA   necessary, and searched against DNA       enforcement find a missing relative, the     a plea agreement resulting in a       needed for a criminal prosecution or  The DNA and records are expunged       prosecution. If a sample has been  records when the disposition     warrant; or the issuance of a court order. crime, and has been completely acquitted or      Investigation and Identification               upon acquittal or dismissal of the case.    If the identity of an unknown sample becomes known, and he is       can make their analyses of the sample  
and Arrestees         to others without a court order.       database, and shall not be   samples in the database.  The suspect       division of criminal investigation shall      conviction       investigation.  If a suspect has donated a DNA when the person is found not guilty        submitted by a person who has been of the accused's case turns     Missing person searches shall be limited to indexes of: pardoned, or has had his conviction vacated or     can include the DNA record in the               Records are not expunged if a prosecution is   excluded as a suspect in the case, his record is removed from the       available to law enforcement agencies in  
          A suspect's DNA may be profiled, placed in a suspect       included in the state central   sample is entered into the database files.       expunge all DNA "records" and identifiable             sample, and afterwards he has been eliminated of a qualifying offense or if the        eliminated as a suspect, the state patrol for the better; however, these     unidentified persons; unidentified human remains; relatives reversed, may petition the court for expungement.     database or retain the sample for               pending for another offense stemming from   database upon conclusion of the investigation or prosecution       connection with criminal or delinquency  
          data base file and searched against the profiles of case       criminal justice information   If the person is no longer a suspect after       information in the database and data bank.             as a suspect in a crime, then the lab must charges are later dismissed.       or law enforcement agency shall destroy sections seem to deal only     or reference samples of a missing person; and covered The petitioner must serve a copy to the district     future reference and inclusion in               the same criminal episode   Any sample which may lead to an exculpatory result and       investigations and, upon request, to any  
          evidence.  A "suspect" is a person against whom an       repository   2 years, the sample will be expunged.                     dispose of the sample and the DNA identification          the sample and record in the presence with traditional criminal     offenders.  Searches will not be run against indexes of attorney.  If the court grants an expungement     the database. The missing persons                   the record generated from it, shall be used only for purposes       prosecutor, defense attorney, or subject  
          information or indictment has been filed for a qualifying           However, any ID, warrant, arrest,  or                     profile in the presence of a witness, and keep         of a witness; a written record of the history records]     evidentiary samples from criminal investigations. order, all samples and records must either be     DNA records may be searched                   of the criminal investigation and the related prosecution for       of the analyses; labs shall destroy the  
          offense; he remains a "suspect" [DNA is retained] for 2 yrs.           prosecution resulting from a delay or                     a written record of the disposal, signed by          destruction shall be kept, signed by the       Samples expunged from the missing persons database destroyed or returned to the petitioner or his     against records in the unidentified                   which the sample was obtained.  Upon conclusion of the        specimens after analysis and the court  
          after the filing date, or until the lab is notified that the he has           failure to purge the DNA records shall                     the witness.