Who can get their DNA expunged from the national database?

If your DNA sample was taken for a federal arrest or conviction, you may qualify to have your DNA expunged from the FBI’s national database if:

    Your federal arrest did NOT result in a conviction, because NO charges were filed against you, or the charges were dismissed, or you were acquitted; OR
    Your federal conviction has been overturned.

To get your DNA expunged, you must provide an official court order showing the final outcome of your arrest, case, or overturned conviction.[3280] For details on how to get your DNA expunged from the federal database (also called “CODIS,” which stands for Combined DNA Index System), see APPENDIX BB, on PG. 1064.

NOTE: If you want to get your California DNA sample expunged from the national database, you will need to contact the California DOJ and follow the instructions in APPENDIX BB, on PG. 1064.[3281]

For more information on expungement of DNA from the national database, visit the FBI’s website on CODIS—Expungement Policy, available at http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis_expungement.

  1. 3280

    42 U.S.C. § 14132(d)(1).

  2. 3281

    CODIS—Expungement Policy, Expungement of DNA Records in Accordance with 42 U.S.C. 14132(d)(1)(A), The Fed. Bureau Investigation.