§ 31-13-07 — Removal of DNA profiles from database

1. An individual whose DNA profile has been included in the database under this chapter
may petition the district court to seal the court record on the grounds that the arrest
that led to the inclusion of the DNA profile has not resulted in a felony charge within
one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; has
not resulted in a felony conviction; or the conviction on which the authority for including
the DNA profile was based has been reversed or the case dismissed.
2. The laboratory shall expunge all identifiable information in the database pertaining to
the individual and destroy all samples from the individual upon receipt of a certified
order. The detention, arrest, or conviction of an individual based upon database
information is not invalidated if it is later determined that the specimens or samples
were obtained or placed in the database by mistake or if the specimens or samples
should have been expunged. The sealed record may not be opened even by order of
the court.
3. Civil or criminal liability may not attach to any individual or to any state or local
governmental entity for the good-faith inclusion and retention of identifiable information
in the database from a sample of blood or other body fluids which has been legally
obtained.