Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

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

No provision

Idaho Code § 19-5513

730 Ill. Comp. Stat. Ann. § 5/5-4-3

Ind. Code Ann. § 10-13-6-18

No provision

Kan. Admin. Regs. 10-21-4

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

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

Or. Rev. Stat. § 181.085

Pa. Stat. Ann. 42 § 4721

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

***

Conviction rev'd and

Conviction rev'd based on actual innocence

Conviction rev'd and

***

Conviction rev'd or dismissed, acquittal

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

[No specific DNA database

***

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

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

or a pardon based on actual innocence

case dismissed

on retrial, or governor pardon^†

case dismissed

arrest doesn't lead to conviction

rev'd or dismissed

expung. include acquittal, pardon, etc.]

rev'd and case dismissed

expungement provision

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

and case dismissed

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

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

***

Identifiable information and sample

Record, related samples,

Identifiable information

***

Recored, identifiable information,

Identifiable information

Records, identifiable

Records and identifiable

Records, identifiable

Record

Sample and record (disposed in presence

exists. Chapter 609A, the

***

Records, identifiable

Record

Records, identifiable

of criminal history records; § 179A.075

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

***

DNA record

Criminal ID records

Records, identifiable information

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 samples^†

and samples

information and samples

information

information and samples

of witness; record kept of disposal)

chapter that deals generally

information and samples

does specifically incorporate records

information and samples

records, analyses, and related documents

and samples

(OSBI) to promulgate

ID records generated from the sample

information and samples

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

***

Written request to trial court; notify prosecuting

Upon notification of reversal or pardon, the

Expungement upon receipt of a written

***

Written application with certified copy

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

with expungement, may

***

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

***

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

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

attorney and forensics bureau; court has

Dept. of State Police expunge DNA records

request, the certified court order reversing

of the final order of reversal, dismissal,

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

also apply to DNA samples

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

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

discretion in issuing expungement; there's no

and samples, and send a letter to the court

and dismissing the conviction, and any

acquittal, or pardon attached^†

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

and records.]

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

of the final court order reversing and

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

right of appeal; court sends expungement order to police

verifying that expungement has occurred

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

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

dismissing the conviction

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

Destruction of an autoradiograph or other DNA

***

[Pub. Act 03-242, not yet codified,

***

Notwithstanding this section, no sample, evidence, or

***

The DNA Database expungement

***

The petitioner must show that there was

***

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

***

Destruction of physical evidence is not required

***

the grounds for inclusion was not

evidence is not required if doing so would destroy

provides for expungement and

info is affected by an order to set aside the conviction

statute (§ 2-511) refers to the general

overwhelming evidence against the original

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

based on an adjudication of guilt

another's evidence.

destruction of samples when they

The state police is not required to destroy evidence if

provision (§ 10-105) for expungement

verdict, which resulted in a miscarriage of

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

Notwithstanding this section, no sample, physical evidence, or

were inappropriately obtained]

doing so would also destroy another's evidence.

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

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

Ga. Code Ann. § 24-4-62

No provision

Idaho Code §§ 19-5505, 19-5516

No provision

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

Neb. Rev. Stat. § 29-4105

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

Pa. Stat. Ann. 42 § 4713

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

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 DNA Databank and Database are repositories for

***

DNA samples are to be maintained

***

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

DNA samples and profiles, respectively

by Kansas Bureau of Investigation

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

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

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

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

Cal. Penal Code § 297

No provision

Fla. Stat. Ann. § 943.325

No provision

La. Rev. Stat. Ann. § 15:614

No provision

Mich. Comp. Laws Ann. § 28.176

No provision

Mont. Code Ann. § 44-6-102

Neb. Rev. Stat. § 29-4105

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

Ohio Rev. Code Ann. § 109.573

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

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

***

An arrestee can request

***

Any other DNA profile obtained by the dept.

***

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

expungement when his arrest

of state police shall not be permanently

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

does not lead to a conviction or

retained but shall be retained only as long as

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

a plea agreement resulting in a

needed for a criminal prosecution or

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

conviction

investigation. If a suspect has donated a DNA

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, and afterwards he has been eliminated

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

as a suspect in a crime, then the lab must

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

dispose of the sample in the presence of a

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

witness, and keep a written record of the

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.

disposal, signed by the witness.

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

witness.

upon receipt of a written request and, if applicable, a court

attorney.

persons database.

crim. proceedings, the sample and record shall be placed

proceedings have been completed.

been acquitted or that the charges have been dismissed