A sample or profile shall not be disposed of if the department determines the individual has otherwise become obligated to submit a sample or if the disposal of the sample would destroy sample or data relating to another individual who would otherwise be retained. If the sample is eligible for disposal, the sample shall be disposed of in the following instances:

1. (a) Disposal is ordered by a court of proper jurisdiction in accordance with 1990 PA 250, MCL 28.176(10).
2. (b) The department receives a written request for disposal from the investigating police agency or prosecutor in accordance with 1990 PA 250, MCL 28.176(11).
3. (c) The department receives a written request for disposal and a certified copy of a final court order in accordance with 1990 PA 250, MCL 28.176(11)(b).

History: 1995 AACS; 2011 AACS.