Santa Clara California Order for Expungement of DNA Profiles and Samples

State:
California
County:
Santa Clara
Control #:
CA-CR-186
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PDF
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This is an official form from the California Judicial Council, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by California statutes and law.

Santa Clara County, located in the state of California, offers a legal process known as the Order for Expungement of DNA Profiles and Samples. This procedure allows individuals to request the removal and destruction of their DNA profiles and samples from law enforcement databases if certain conditions are met. Expungement of DNA profiles and samples is crucial for protecting the privacy and civil rights of individuals. The Santa Clara California Order for Expungement of DNA Profiles and Samples ensures that individuals can exercise their rights in regard to their genetic information. This procedure is specifically designed to enable eligible persons to petition the court for the destruction of their DNA profiles and samples stored by law enforcement agencies. There are primarily two different types of Santa Clara California Orders for Expungement of DNA Profiles and Samples: 1. Expungement of DNA Profiles: This type of expungement order focuses specifically on removing an individual's DNA profile from the law enforcement databases. A DNA profile is a unique genetic fingerprint extracted from a biological sample, such as blood, saliva, or other bodily fluids. By expunging the DNA profile, individuals can prevent further use of their genetic information for investigative purposes. 2. Expungement of DNA Samples: This type of expungement order pertains to the removal and destruction of physical DNA samples collected by law enforcement agencies from individuals. These samples, commonly obtained through swabs or other non-invasive methods, can also be purged from databases. Expunging DNA samples ensures that the physical genetic material is no longer accessible for any investigative purposes. Both types of expungement order aim to safeguard the privacy and confidential genetic information while mitigating the potential misuse of DNA profiles and samples for future investigations. To initiate the process, individuals who meet specific eligibility criteria must file a formal petition with the court. Successful petitioners must demonstrate that their DNA profile or sample was collected as a result of being a suspect, arrested, or convicted individual, but no charges were filed, the case was dismissed, or the individual was found not guilty. Keywords: Santa Clara California, Order for Expungement, DNA Profiles, DNA Samples, law enforcement, genetic information, privacy, civil rights, expungement order, eligibility criteria, court petition, DNA profile, DNA sample, investigative purposes, genetic fingerprint, biological sample, physical genetic material, suspect, arrested, charges filed, case dismissed, found not guilty.

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DNA samples are gathered and used in investigating other crimes, where DNA was gathered at the scene of the crime but not matched up with a suspect. This is commonly used in sex crime investigations. The DNA samples are collected and stored in a database.

You need to fill out a Petition for Expungement of DNA Profiles and Samples. Follow the instructions on the Petition. File the Petition in the court in the jurisdiction where the case happened.

CODIS is the acronym for the Combined DNA Index System and is the generic term used to describe the FBI's program of support for criminal justice DNA databases as well as the software used to run these databases.

Depending on the circumstances, a DNA profile and fingerprint record may either be retained indefinitely, held for 3-5 years and then destroyed, or destroyed immediately.

Former service members and civilians whose samples are obtained and forwarded for entry into CODIS, but who were not convicted of any offense, can request to have their DNA record expunged in accordance with DoD Instruction 5505.14.

Any and all data about Subject's genetic profile derived from that physical sample will be deleted immediately, and in no circumstances held any longer than 30 days.

Police in all 50 states are currently empowered by law to take DNA samples from persons who have been convicted of a felony offense. In 28 states, including California, police can collect DNA samples from suspects who have simply been arrested for a felony offense, even if they are never convicted of the offense.

If you have been previously convicted of certain offences listed in Criminal Code you may be required to give to the police a sample of your DNA. It is then stored in the National DNA Data Bank which is managed by the RCMP. Your DNA can then be matched with DNA samples from past crime scenes or future ones.

When the police test DNA that is collected at a crime scene, it creates a profile of where the individual genes are located in the DNA. The DNA profile obtained from the crime scene can be compared to DNA samples of any known suspects.

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The best strategies for defending sex crimes. Riccardo Ippolito, one of California's top criminal defense attorneys describes how he defends his clients.9 How long does it take to file a response in a California Court? Fill Out The Order For Expungement Of Dna Profiles And Samples (pen. Code, 299) - California Online And Print It Out For Free. The sample be taken in order to aid in the investigation of a particular crime. Fill Out The Order For Expungement Of Dna Profiles And Samples (pen. Code, 299) - California Online And Print It Out For Free. Forensic DNA Profiles. Nor is there any requirement that the sample be taken in order to aid in the investigation of a particular crime.

In addition, the sample, depending on where we live, may have a limited amount of relevance to our case. For instance if, based on the facts of your case you believe your own DNA profile to be highly unlikely to result in an arrest, we may be able to obtain it without requiring you to take a paternity test. We suggest obtaining a forensic DNA profile through the California DMV and then taking a DNA sample in order to provide evidence in your case. 10 Can you get legal custody of your child after you have been convicted and released from prison? If you can prove you had no involvement in a crime, you will not have a legal right to have children. In most cases, children are legally awarded to their biological fathers. There is currently a debate within the California legal community regarding whether you can get legal custody of your child after you have been convicted and released from prison. To learn more, click here 11 Why didn't I know to keep all of my money?

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Santa Clara California Order for Expungement of DNA Profiles and Samples