§ 10-13-6-18 — Removal of DNA profile

Indiana § 10-13-6-18

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 13: STATE POLICE DATA AND INFORMATION
• Ch. 6: Indiana DNA Data Base

Text

(a) A person whose DNA profile has been
included in the Indiana DNA data base may request removal of the
profile from the DNA data base on the grounds that:
(1) the conviction on which the authority for inclusion in the
Indiana DNA data base was founded has been reversed and the
case has been dismissed; or
(2) the person's DNA profile has been included in the Indiana
DNA data base on the basis of the person's arrest for one (1) or
more felonies, and:
(A) the person was acquitted of all the felony charges, or all of
the felonies were converted to misdemeanors under IC 35-38-1-1.5 or IC 35-50-2-7;
(B) all felony charges against the person were dismissed; or
(C) three hundred sixty-five (365) days have elapsed since the
person's arrest and no felony charges have been filed against the
person.
(b) All identifiable information in the Indiana DNA data base
pertaining to a person requesting removal under subsection (a) shall be
removed, and all samples from the person shall be destroyed, upon
receipt of:
(1) a letter or form requesting removal under subsection (a); and
(2) a certified copy of a court order establishing a basis for
removal described in this section;
as described in subsections (c) and (d).
(c) This subsection applies to a person if:
(1) the person's conviction has been reversed and the case
dismissed (as described in subsection (a)(1));
(2) the person was acquitted of all felony charges or all felonies
against the person were converted to misdemeanors (as described
in subsection (a)(2)(A)); or
(3) all felony charges were dismissed (as described in subsection
(a)(2)(B)).
A person to whom this subsection applies may request DNA removal
by obtaining a certified copy of a court order evidencing a basis for
removal described in subdivisions (1) through (3) and transmitting the
certified copy of the order with a letter or form requesting DNA
removal to the superintendent.
(d) This subsection applies to a person if three hundred sixty-five
(365) days have elapsed since the person's arrest and no felony charges
have been filed against the person (as described in subsection
(a)(2)(C)). A person to whom this subsection applies may request DNA
removal by notifying the prosecuting attorney, in writing, that:
(1) three hundred sixty-five (365) days have elapsed since the
person's arrest;
(2) no felony charges have been filed against the person; and
(3) the person wishes to have the person's DNA removed from the
data base.
Not later than thirty (30) days after receipt of a request for removal
under this subsection, the prosecuting attorney shall consult the records
maintained by the prosecuting attorney. If the person's claim appears
to be meritorious, the prosecuting attorney shall file a request for
removal with a court with jurisdiction. Upon receipt of a court order
granting removal, the prosecuting attorney shall transmit a certified
copy of the court order and a copy of the person's letter requesting
DNA removal to the superintendent.
(e) Upon removal of a person's DNA profile from the Indiana DNA
data base, the superintendent shall request removal of the person's
DNA profile from the national DNA data base.
[Pre-2003 Recodification Citation: 10-1-9-20.]

Legislative History

As added by P.L.2-2003, SEC.4. Amended by P.L.111-2017, SEC.3.