Who can get their DNA expunged from the California database?
You may qualify to have your DNA expunged from the California database if you meet the following requirements:
- Your DNA was collected after you were arrested BUT NO charges were ever filed against you; OR
- Your DNA was collected after you were arrested and charges were filed against you, but the charges were dismissed, or you were acquitted; OR
- Your DNA was collected after you were arrested and criminal charges were filed against you, BUT your conviction was overturned;
AND
- You have NO felony convictions (or juvenile felony adjudications) on your criminal record. (NOTE: Even if you get your felony conviction expunged or reduced to a misdemeanor, it will still count as a felony for purposes of DNA collection, so you will NOT qualify to have your DNA expunged from the database.);[3278]
AND
- You are NOT required to register as a sex or arson offender.[3279]
If you meet all of the legal requirements, your DNA MUST be expunged from the database once you submit your request for expungement.