§ 12-12-1113 - Removal and destruction of the DNA record and DNA sample.
12-12-1113. Removal and destruction of the DNA record and DNA sample.
(a) (1) Any person whose DNA record has been included in the State DNA Database and whose DNA sample is stored in the State DNA Databank may apply to any circuit court for removal and destruction of the DNA record and DNA sample on the grounds that the adjudication of guilt that resulted in the inclusion of the person's DNA record in the database or the inclusion of the person's DNA sample in the databank has been reversed and the case dismissed.
(2) A copy of the application for removal and destruction shall be served on the prosecutor for the county in which the adjudication of guilt was obtained not less than twenty (20) days prior to the date of the hearing on the application.
(3) A certified copy of the order reversing and dismissing the adjudication of guilt shall be attached to an order removing and destroying the DNA record and DNA sample insofar as its inclusion rests upon that adjudication of guilt.
(b) (1) Upon receipt of an order of removal and destruction and unless otherwise provided, the State Crime Laboratory shall purge the DNA record and other identifiable information from the database and the DNA sample stored in the databank covered by the order.
(2) If the entry in the database reflects more than one (1) adjudication of guilt, that entry shall not be removed and destroyed unless and until the person has obtained an order of removal and destruction for each adjudication of guilt on the grounds contained in subsection (a) of this section.
(3) If one (1) of the bases for inclusion in the database was other than adjudication of guilt, that entry shall not be subject to removal and destruction.