TITLE LXII
CRIMINAL CODE

CHAPTER 651-C
DNA TESTING OF CRIMINAL OFFENDERS

Section 651-C:5

    651-C:5 Expungement of DNA Database Records Upon Reversal or Dismissal of Conviction. –
I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed or the case dismissed, provided that such person requesting expungement has no other criminal convictions which would require inclusion of his or her record in the database. The department shall purge all records and identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing the conviction.
II. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual's reaching the age of adulthood.

Source. 2002, 183:1. 2003, 101:1, eff. Jan. 1, 2004.