240 Ind. Admin. Code 8-6-1

Current through December 4, 2024

Section 240 IAC 8-6-1 - Request for expungement

Authority: IC 10-11-2-10; IC 10-13-6-8; IC 10-13-6-18

Affected: IC 10-13-6

Sec. 1.

(a) A person whose DNA profile has been included in the Indiana DNA data base and who is eligible for expungement under IC 10-1-9-20[IC 10-1 was repealed by P.L. 2-2003, SECTION 102, effective July 1, 2003. See IC 10-13-6-18.] may submit a written request for expungement to the superintendent.

(b) All identifiable information pertaining to the person in the DNA data base and all DNA samples related to the request will be destroyed upon receipt of the following:

(1) the written request for expungement under subsection (a);

(2) a certified copy of the court order reversing and dismissing the conviction that made the person a qualifying offender; and

(3) identifying information to include the following:

(A) The full name of the person requesting expungement.

(B) The inmate number and name of the person that contributed the DNA sample correlating to the DNA profile to be expunged.

(C) The inked right thumb print of the person requesting expungement, or if the person has no right thumb, then the inked print of another finger and information identifying the finger actually used.

240 IAC 8-6-1

State Police Department; 240 IAC 8-6-1; filed Apr 23, 1998, 9:25 a.m.: 21 IR 3336; readopted filed Oct 6, 2004, 5:10 p.m.: 28 IR 677; readopted filed Jul 23, 2010, 3:02 p.m.: 20100818-IR-240100362RFA

Readopted filed 11/30/2016, 9:27 a.m.: 20161228-IR-240160432RFA

Readopted filed 11/23/2022, 9:36 a.m.: 20221221-IR-240220286RFA