(a) Any person whose DNA record has been included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by Acts 2009, No. 974, may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest that led to the inclusion of the DNA record and DNA sample resulted in a charge that has been resolved by:

1. (1) An acquittal;
2. (2) A dismissal;
3. (3) A nolle prosequi;
4. (4) A successful completion of a preprosecution diversion program or a conditional discharge;
5. (5) A conviction of a Class B misdemeanor or Class C misdemeanor; or
6. (6) Not resulting in a charge within one (1) year of the date of the arrest.

(b) The State Crime Laboratory shall remove and destroy a person’s DNA record and DNA sample by purging the DNA record and other identifiable information from the State DNA Data Base and the DNA sample stored in the State DNA Data Bank when the person provides the State Crime Laboratory with:

1. (1) A court order for removal and destruction of the DNA record and DNA sample; and

2. (2) Either of the following:

   1. (A) A certified copy of:

(i) An order of acquittal;

1. (ii) An order of dismissal;

   1. (iii) An order of nolle prosequi;

      1. (iv) Documentation reflecting a successful completion of a preprosecution program or a conditional discharge; or
      2. (v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or

   2. (B) A court order stating that a charge arising out of the person’s arrest has not been filed within one (1) year of the date of the arrest.

      1. (c) If the State Crime Laboratory removes and destroys a person’s DNA record and DNA sample under Acts 2009, No. 974, the State Crime Laboratory shall request that the person’s DNA record be purged from the national DNA index system.