§ 12-12-1019 - Removal and destruction of the DNA record and DNA sample. - Arkansas Statutes

12-12-1019. Removal and destruction of the DNA record and DNA sample.

(a) Any person whose DNA record is included in the State DNA Data Base and whose DNA sample is stored in the State DNA Data Bank as authorized by this subchapter may apply to the State Crime Laboratory for removal and destruction of the DNA record and DNA sample if the arrest that led to the inclusion of the DNA record and DNA sample:

(1) Resulted in a charge that has been resolved by:

(A) An acquittal;

(B) A dismissal;

(C) A nolle prosequi;

(D) A successful completion of a preprosecution diversion program or a conditional discharge; or

(E) A conviction of a Class B misdemeanor or Class C misdemeanor; or

(2) Has not resulted in a charge within one (1) year of the date of the arrest.

(b) Except as provided in subsection (c) of this section, the State Crime Laboratory shall remove and destroy a person's DNA record and DNA sample by purging the DNA record and other identifiable information from the State DNA Data Base and the DNA sample stored in the State DNA Data Bank when the person provides the State Crime Laboratory with:

(1) A court order for removal and destruction of the DNA record and DNA sample; and

(2) Either of the following:

(A) A certified copy of:

(i) An order of acquittal;

(ii) An order of dismissal;

(iii) An order nolle prosequi;

(iv) Documentation reflecting a successful completion of a preprosecution diversion program or a conditional discharge; or

(v) A judgment of conviction of a Class B misdemeanor or Class C misdemeanor; or

(B) A court order stating that a charge arising out of the person's arrest has not been filed within one (1) year of the date of the arrest.

(c) The State Crime Laboratory shall not remove or destroy a person's DNA record or DNA sample under subsection (b) of this section if the person had a prior felony or Class A misdemeanor conviction or a pending charge for which collection of a DNA sample is authorized under Arkansas law.

(d) When the State Crime Laboratory removes and destroys a person's DNA record and DNA sample under subsection (b) of this section, the State Crime Laboratory shall request that the person's DNA record be purged from the National DNA Index System.