§ 2321. Expungement
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 44 Pa.C.S.A. Law and JusticeEffective: October 21, 2019
Effective: October 21, 2019
44 Pa.C.S.A. § 2321
§ 2321. Expungement
(a) General rule.--A person whose DNA sample, record or profile has been included in the State DNA Data Bank or the State DNA Data Base under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter may have the DNA sample, record or profile expunged in accordance with this section.
(b) Removal by request.--A person whose DNA sample, record or profile has been included in the State DNA Data Bank or the State DNA Data Base under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 or this chapter may file a written request with the State Police that the DNA sample, record or profile be removed on the grounds that the DNA sample, record or profile was included in the State DNA Data Bank or the State DNA Data Base by mistake. If the State Police grants the request, the request shall be processed at no cost and the State Police shall provide written notice of the removal to the person and his attorney of record, if any, within 60 days after destroying the DNA sample, record or profile. If the State Police denies the request, the person may request expungement of the DNA sample, record or profile under subsection (b.1).
(1) Except as provided under paragraph (2), a person may request the court of common pleas of the county where the original charges were filed to issue an order directing the expungement of the DNA sample, record or profile pertaining to the person in the State DNA Data Bank or the State DNA Data Base in the following instances:
(4) The State Police shall publish information regarding the eligibility requirements for expungement under this section and the steps necessary to obtain an expungement under this section on the State Police's publicly accessible Internet website. The State Police shall publish the information in at least two commonly accessible formats, such as HyperText Markup Language and Portable Document Format.
Credits
2004, Nov. 30, P.L. 1428, No. 185, § 3, effective in 60 days [Jan. 31, 2005]. Amended 2018, Oct. 24, P.L. 896, No. 147, § 4, effective in 360 days [Oct. 21, 2019].
44 Pa.C.S.A. § 2321, PA ST 44 Pa.C.S.A. § 2321
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |