Simi Valley California Petition for Expungement of DNA Profiles and Samples - Penal Code 299

State:
California
City:
Simi Valley
Control #:
CA-JV-796
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PDF
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This official form is used by a youth to ask the court to order the destruction and removal of their DNA profile in the state database.

The Simi Valley California Petition for Expungement of DNA Profiles and Samples is a legal process that allows individuals in Simi Valley, California, to request the removal and destruction of their DNA profiles and samples from law enforcement databases. This petition aims to protect the privacy rights of individuals by expunging their genetic information held by authorities. When filing a petition for expungement, individuals can submit a formal request to the appropriate agencies, such as the Simi Valley Police Department or the California Department of Justice. The process involves providing detailed personal information and providing a compelling reason for the expungement. Individuals may need to show that charges were dismissed, they were acquitted, or have completed their sentence. The Simi Valley California Petition for Expungement of DNA Profiles and Samples is crucial for those who want to safeguard their privacy rights and prevent potential misuse of their genetic information. By having their DNA profiles and samples removed from databases, individuals can mitigate the risk of their genetic information being accessed without their consent. It is important to note that there are different types of expungement petitions individuals can file in Simi Valley, California. These may include: 1. Initial Expungement Petition: This is the primary type of expungement petition filed by individuals seeking to remove their DNA profiles and samples from law enforcement databases for the first time. 2. Renewal Expungement Petition: In some cases, individuals may need to periodically renew their expungement to ensure the continued removal of their DNA profiles and samples from databases. This petition is filed after a specific time period, usually indicated by local laws or regulations. 3. Post-Conviction Expungement Petition: This type of petition is applicable if an individual has been convicted of a crime but later had their conviction overturned, charges dropped, or successfully completed a diversion or rehabilitation program. It allows them to request the expungement of their DNA profiles and samples linked to the wrongful conviction. If residents in Simi Valley, California, are concerned about protecting their genetic privacy and maintaining control over their DNA profiles and samples, filing a Petition for Expungement of DNA Profiles and Samples is a recommended course of action. By following the necessary legal steps and providing compelling evidence, individuals can ensure the removal and destruction of their genetic information from law enforcement databases, maintaining their privacy and personal rights.

How to fill out Simi Valley California Petition For Expungement Of DNA Profiles And Samples - Penal Code 299?

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But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children....These records are: juvenile offenses, charges that were dropped or dismissed, arrest records, infractions, non-violent crimes, and. low-level misdemeanors.

You can request to have your DNA expunged from the California database directly from the DOJ, or you can file a petition in court asking for a court order to expunge it.

To have the profile removed, the prosecuting attorney can simply provide HFSC with a certified copy of the court order. If the request is coming from an individual or their legal counsel, this must also be accompanied by a written request.

How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Expungement can be accomplished easily and quickly when a DNA sample qualifies for removal from the State database and a person provides sufficient documentation of his/her identity, legal status and criminal history to the California Department of Justice, DNA Database Program (CAL-DNA).

Expunging criminal records in California requires the following five steps: Step 1: Hire an attorney.Step 2: Fill out the proper forms.Step 3: File for expungement.Step 4: Prepare for the expungement hearing.Step 5: Refile if the petition is denied.2.1.2.2.2.3.

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.

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.

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.

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Simi Valley California Petition for Expungement of DNA Profiles and Samples - Penal Code 299