1. (A) A person whose DNA record or DNA profile has been included in the State DNA Database must have his DNA record and his DNA profile expunged if:

   1. (1) the charges pending against the person who has been arrested or ordered to submit a sample:

      1. (a) have been nolle prossed;
      2. (b) have been dismissed; or
      3. (c) have been reduced below the requirement for inclusion in the State DNA Database; or
   2. (2) the person has been found not guilty, or the person's conviction has been reversed, set aside, or vacated.
2. (B) The solicitor in the county in which the person was charged must notify SLED when the person becomes eligible to have his DNA record and DNA profile expunged. Upon receiving this notification, SLED must begin the expungement procedure.

3. (C) SLED, at no cost to the person, must purge DNA and all other identifiable record information and the DNA profile from the State DNA Database if SLED receives either:

   1. (1) a document certified:

      1. (a) by a circuit court judge;
      2. (b) by a prosecuting agency; or

      3. (c) by a clerk of court;

         that must be produced to the requestor at no charge within fourteen days after the request is made and after one of the events in subsection (A) has occurred, and no new trial has been ordered by a court of competent jurisdiction; or

   2. (2) a certified copy of the court order finding the person not guilty, or reversing, setting aside, or vacating the conviction.
4. (D) The person's entry in the State DNA Database shall not be removed if the person has another qualifying offense.

5. (E) The jail intake officer, sheriff's office employee, courthouse employee, or detention facility intake officer shall provide written notification to the person of his right to have his DNA record and DNA profile expunged and the procedure for the expungement pursuant to this section at the time that the person's saliva or tissue sample is taken. The written notification must include that the person is eligible to have his DNA record and his DNA profile expunged at no cost to the person when:

   1. (1) the charges pending against the person are:

      1. (a) nolle prossed;
      2. (b) dismissed; or
      3. (c) reduced below the requirement for inclusion in the State DNA Database; or
   2. (2) when the person has been found not guilty, or the person's conviction has been reversed, set aside, or vacated.
6. (F) When SLED completes the expungement process, SLED must notify the person whose DNA record and DNA profile have been expunged and inform him, in writing, that the expungement process has been completed.

HISTORY: 1994 Act No. 497, Part II, Section 131A; 2008 Act No. 413, Section 4.F, eff January 1, 2009.