If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.
The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.
2016, cc. 332, 698.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 1.2 - Physical Evidence Recovery Kits
§ 19.2-11.6. Anonymous physical evidence recovery kits
§ 19.2-11.7. Law enforcement taking possession of physical evidence recovery kits
§ 19.2-11.8. Submission of physical evidence recovery kits to the Department
§ 19.2-11.9. Lack of compliance with procedures
§ 19.2-11.10. Expungement of DNA profile
§ 19.2-11.11. Victim's right to notification of scientific analysis information
§ 19.2-11.12. Costs of physical evidence recovery kits
§ 19.2-11.13. Physical Evidence Recovery Kit Tracking System