History. Code 1981, § 35-3-165 , enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2019, p. 299, § 3/HB 470.
The 2019 amendment, effective April 28, 2019, substituted the present provisions of subsection (a) for the former provisions, which read: “A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction.”; and substituted “shall be authorized until it is expunged as set forth in subsection (a) of this Code section” for “is authorized until a court order directing expungement is obtained and submitted to the bureau” in the middle of subsection (b).
Structure Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 6A - Dna Sampling, Collection, and Analysis
§ 35-3-160. Dna Analysis in Felony Convictions and Certain Felony Charges; Performance of Tests
§ 35-3-161. Time and Procedure for Withdrawal of Blood Samples
§ 35-3-164. Unlawful Dissemination or Use of Information; Obtaining Sample Without Authority
§ 35-3-165. Expungement of Dna Profile in Data Bank; Requirements