The Alameda California Order for Expungement of DNA Profiles and Samples is a legal process that allows individuals who meet specific criteria to have their DNA profiles and samples removed from databases and records maintained by law enforcement agencies in Alameda, California. This order is crucial for protecting privacy rights and ensuring that individuals' genetic information is not unjustly retained. One type of Alameda California Order for Expungement of DNA Profiles and Samples is the Order for Expungement of DNA Profiles. This order specifically addresses the removal of DNA profiles from databases. It is applicable to individuals who have had their DNA collected and stored due to arrest or conviction but were later exonerated, had charges dropped, or were found not guilty. The order aims to expunge their DNA profiles from databases, protecting their privacy and ensuring that their genetic information is not used against them in the future. Another type of Alameda California Order for Expungement of DNA Profiles and Samples is the Order for Expungement of DNA Samples. This order pertains to the removal of physical DNA samples that have been collected from individuals. It applies to situations where the DNA sample, such as a blood sample or a buccal swab, was obtained as part of the legal process but should no longer be retained because the individual's case has been resolved, or the statutory retention period has expired. The Alameda California Order for Expungement of DNA Profiles and Samples is typically filed with the Alameda County Superior Court. To initiate the expungement process, individuals must consult with a qualified attorney familiar with the relevant laws and procedures. Key elements that need to be addressed in the order include the individual's identification details, the nature of their involvement with the criminal justice system, the reasons justifying the expungement, and any supporting evidence documenting their eligibility for expungement. By submitting the Alameda California Order for Expungement of DNA Profiles and Samples, individuals can effectively protect their privacy and ensure that their DNA profiles and samples are removed from law enforcement databases. This order helps prevent any potential misuse or misinterpretation of an individual's genetic information, safeguarding their rights and providing them with peace of mind.
Alameda California Order for Expungement of DNA Profiles and Samples - Penal Code 299
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History of DNA Use for Law Enforcement Since 1994, the U.S. Department of Justice has maintained a nationwide forensic DNA database known as the Combined DNA Index System (CODIS). Today, the federal government and all 50 states, as well as the District of Columbia, contribute profiles to CODIS.
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.
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.
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.
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.
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.
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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Thus, as to convictions for sex offenses, it is not a trial court's role to expunge all relevant DNA evidence. In the case of a felony offense, expungement of DNA samples may be ordered by the trial court, for example, in order to protect the safety and privacy of victim’s), or if the defendant's right to a fair sentencing hearing was violated. The trial court will decide whether, under the circumstances, the DNA evidence was admissible and is to be admissible at the sentencing hearing. The DNA evidence must be admitted with respect to the defendant's felony conviction. It does not automatically follow that the DNA evidence is to be excluded for any other felony conviction.
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