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Virginia Code Title 19.2. Criminal Procedure § 19.2-310.7. Expungement when DNA taken for a conviction

Current as of January 01, 2025 | Updated by Findlaw Staff

<Text of section effective until July 1, 2025, or when conditions of the identical fourth enactments of Acts 2021, Sp. S. I, cc. 524 and 542 take effect, whichever is earlier. See, also, text of section 19.2-310.7 effective July 1, 2025 or when conditions of the identical fourth enactments of Acts 2021, Sp. S. I, cc. 524 and 542 take effect, whichever is earlier.>

A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request expungement on the grounds that the conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed. Provided that the person's DNA profile is not otherwise required to be included in the data bank pursuant to § 9.1-903, 16.1-299.1, 19.2-310.2, or 19.2-310.2:1, the Department of Forensic Science shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction.

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Cite this article: FindLaw.com - Virginia Code Title 19.2. Criminal Procedure § 19.2-310.7. Expungement when DNA taken for a conviction - last updated January 01, 2025 | https://codes.findlaw.com/va/title-19-2-criminal-procedure/va-code-sect-19-2-310-7/

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