N.J. Admin. Code § 13:81-6.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:81-6.1 - Expungement of DNA profiles and samples

(a) A person whose DNA profile has been included in the DNA database and whose DNA sample is stored in the DNA databank may apply to the Superior Court of New Jersey, Law Division for expungement of the DNA profile and the DNA sample on the grounds that:

1. The conviction, adjudication, or finding of not guilty by reason of insanity that resulted in the inclusion of the person's DNA profile in the database or the inclusion of the person's DNA sample in the databank has been reversed and the case dismissed. A certified copy of the order shall be attached to the application. A copy of the application for expungement shall be served on the prosecutor for the county in which the adjudication or conviction was entered and on the CCU in the Division of Criminal Justice not less than 20 days prior to the date of the hearing on the application; or

2. All charges from the arrest that resulted in the inclusion of the person's DNA profile in the database or in the inclusion of the person's DNA sample in the databank have been dismissed or have been resolved through an acquittal at trial. A certified copy of the order of dismissal shall be attached to the application. A copy of the application for expungement shall be served on the prosecutor for the county in which the charge or charges were brought and on the CCU in the Division of Criminal Justice, not less than 20 days prior to the date of the hearing on the application.

(b) Upon receipt, review, and verification by the CCU of a certified court order directing expungement and unless otherwise provided, the CODIS administrator shall:

1. Delete all DNA profiles, records, and identifiable information in the CODIS Database computer pertaining to the person with regard to the reversed and dismissed conviction or adjudication, or with regard to the dismissed or acquitted charges;

2. Notify and direct any contract laboratory used to delete any record associated with the SBI number and e-mail a confirmatory notice to the CODIS administrator;

3. Destroy all samples obtained from the individual that pertained to the reversed and dismissed charge or dismissed charges; remove any identifier from the sample; and cut the sample and the identifier into pieces and dispose of it pursuant to laboratory policy for biological samples;

4. Send a letter to the Director of the Office of Forensic Sciences or his or her designee who shall forward it to the NDIS Custodian thus notifying NDIS of the expungement;

5. Maintain a permanent file of all requests to expunge DNA records and the disposition of those requests; and

(c) The CCU shall delete from its electronic records all identifiable information that pertains to the offender. The DNA databank specimen submission form pertaining to the offender shall be removed from the secured general files of the CCU and shall be placed in a separate secured file that has been designated as an expunged file. The CCU shall ensure that such forms or the information contained therein is not released for any reason and is not utilized or referred to for any purpose. In response to requests for information or records of the offender whose DNA sample was expunged, the CCU shall reply that there is no record information.

(d) If the entry in the database reflects more than one charge, conviction, adjudication, or finding of not guilty by reason of insanity, that entry shall not be expunged unless and until the person has obtained an order of expungement for each charge, conviction, adjudication of guilt, or finding of not guilty by reason of insanity on the grounds contained in (a)1 or 2 above. If any one of the bases for inclusion in the database was other than adjudication of guilt or not guilty by reason of insanity, that entry shall not be subject to expungement.

N.J. Admin. Code § 13:81-6.1

Amended by 47 N.J.R. 1640(a), effective 7/6/2015