Under current law, certain individuals are required to submit biological
specimens to the crime laboratories in the Department of Justice (DOJ) for
deoxyribonucleic acid (DNA) analysis and inclusion of the DNA profile in the data
bank. These individuals include a juvenile who has been adjudicated delinquent for
certain offenses and an individual who has been found guilty of certain offenses.
Beginning April 1, 2015, law enforcement agencies must obtain a biological specimen
from each individual arrested for a felony or taken into custody for a juvenile offense
that would be a felony if committed by an adult. These specimens will be submitted
to the crime laboratories for analysis and inclusion in the data banks only upon
certain circumstances; otherwise, the law enforcement agency must destroy the
specimen within one year of obtaining it. If, at the time the individual is charged with
the felony offense, the court determines that a biological specimen was not obtained
when he or she was arrested or taken into custody, the court must order a law
enforcement agency to obtain the specimen.

Under current law, an individual whose DNA data are in the data bank due to
a conviction or adjudication may request expungement on the grounds that the
conviction or adjudication has been reversed, set aside, or vacated. If the crime
laboratories receive a certified copy of the court order reversing, setting aside, or

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vacating the conviction or adjudication, the laboratories must purge all records and
identifiable information in the data bank pertaining to the individual and destroy
all samples from the individual. Beginning April 1, 2015, if an individual submitted
a specimen at arrest or when taken into custody, or by court order if, when the
charges were filed, the judge determined that the individual had not submitted a
specimen, DOJ must similarly purge all records and information upon a written
request from the individual if all charges requiring submission have been dismissed;
if the trial court reached a final disposition and the individual was not found guilty
of any charges requiring submission; if at least one year has passed since the arrest
and the individual has not been charged; or if the individual was found guilty of a
crime requiring submission but all such convictions have since been reversed, set
aside, or vacated.

Under this bill, beginning April 1, 2015, if a court reaches final disposition for
all charges or allegations for which a person was required to provide a biological
specimen at arrest or charging and the person is not adjudged guilty or delinquent
on any such charge or allegation, the court must inform DOJ. Then DOJ must purge
all records and information, and destroy all samples, in the data bank pertaining to
the person.