§844D-71 Expungement of DNA information from state DNA database and data bank identification program. (a) A person whose DNA profile has been included in the state DNA database and data bank identification program pursuant to this chapter shall have the person's DNA specimen and sample destroyed and searchable database profile expunged from the program pursuant to section 844D-72 if:
(1) The person has no past or present offense which qualifies that person for inclusion within the state DNA database and data bank identification program; and
(2) There otherwise is no legal basis for retaining the specimen or sample or searchable profile.
(b) A person requesting expungement of their DNA specimen, sample, and profile:
(1) May make a written request to have the person's specimen and sample destroyed and searchable database profile expunged from the state DNA database and data bank identification program if the underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; and
(2) Shall send a copy of the person's request to the trial court of the circuit that entered the conviction or rendered disposition in the case, to the department, and to the prosecuting attorney of the county in which the person was convicted or adjudicated, with proof of service on all parties.
(c) A court considering a request for expungement made pursuant to this section, shall grant the request by order pursuant to section 844D-72(a) if the criteria for expungement under subsection (a) are met. [L 2005, c 112, pt of §1]
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
844D-22 Analysis and examination of specimens for identification purposes.
844D-23 Repository of samples and records
844D-24 Sexual assault evidence; reporting.
844D-31 Offenders subject to collection.
844D-32 Application to all qualifying persons.
844D-33 Notification by prosecutor and inquiry by court.
844D-34 Collection from persons confined or in custody after conviction or adjudication.
844D-35 Collection from persons on probation, parole, or other release.
844D-36 Collection from parole violators and others returned to custody.
844D-37 Collection from persons accepted into Hawaii from other jurisdictions.
844D-38 Collection of replacement specimen found spoiled or unusable.
844D-39 Collection of specimen from sex offense registrants.
844D-41 Retroactive application.
844D-51 Analysis of crime scene samples.
844D-52 Anonymous analysis of specimens and samples.
844D-53 Analysis of forensic identification profiles.
844D-54 Laboratories contributing DNA profiles to be accredited.
844D-55 Other law enforcement DNA laboratories.
844D-56 Limitations not cause for dismissal.
844D-62 Procedures for the collection and forwarding of samples.
844D-63 Limitations on civil and criminal liability.
844D-64 Processing of offender specimens.
844D-71 Expungement of DNA information from state DNA database and data bank identification program
844D-72 Destruction of samples and expungement of searchable DNA database profile.
844D-74 Not a basis for invalidation of identification or suppression of identification evidence.
844D-81 Exemption of specimen from disclosure.
844D-84 When disclosure is not a violation.
844D-85 Confidentiality of computer software and database structures.
844D-91 Department permitted to share data, information, and samples.
844D-92 Local DNA laboratories.
844D-93 Disposal of unused and expired specimens.
844D-101 Law enforcement officer powers under other laws not affected.
844D-102 Authority under other laws not affected.
844D-111 Refusal or failure to provide specimen for forensic identification.
844D-112 Fraudulent use or manipulation of biometric sample or information.
844D-113 Unauthorized disclosure of DNA sample or profile.
844D-114 Use of DNA sample or profile for financial gain.
844D-121 Petition for post-conviction DNA testing.
844D-123 Order for post-conviction DNA testing.
844D-126 Retention of biological evidence.
844D-127 Choice of laboratory.