Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-9-9 - The Expungement of InformationAuthorized personnel assigned to the Biochemistry Section shall supervise the expungement of DNA analysis records based on the following standards:
9.1. The Biochemistry Section shall expunge records upon receipt of both a court order and pursuant to a written request. The Biochemistry Section shall contact the ordering court and have the order verified before expungement.9.2. The Biochemistry Section shall maintain a file of all expungement orders received and processed.9.3. The Biochemistry Section, upon confirmation of the court order, shall erase from the main file and all backup files of the DNA Databank computer all information and records relating to the donor and conviction named in the order. All of the computer files of the donor shall be deleted from the state (CODIS) and national (NDIS) databases and the Biochemistry Section shall destroy the corresponding information card, and any copies that may exist on file. The Biochemistry Section shall destroy all corresponding DNA samples collected for the purpose of DNA analysis and in the possession of or under the jurisdiction of the Biochemistry Section unless the donor wishes to take possession of the DNA sample. The Biochemistry Section shall destroy DNA samples according to accepted safety guidelines for biohazard materials.9.4. The Biochemistry Section shall send a letter of expungement to the court of record upon compliance with the court order.