This law allows individuals whose DNA was included in the Virginia DNA data bank due to a conviction that was later reversed and dismissed to request expungement. Upon receiving a written request and a certified court order, the Department of Forensic Science will purge all related records and destroy DNA samples, provided the DNA is not required to be retained under other laws. The law aims to protect individuals from having their DNA data retained after a case is dismissed.
Individuals whose DNA was included in the Virginia DNA data bank due to a conviction that has been reversed and dismissed are eligible to request expungement.
You must submit a written request for expungement along with a certified copy of the court order reversing and dismissing your conviction.
Yes, once the Department of Forensic Science receives the request and court order, all related DNA records and samples will be purged and destroyed, unless required to be retained by law.
No, the law applies only if the conviction was reversed and dismissed, and your DNA is not required to be retained under other statutes.