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Expungement - 44 Pa. Cons. Stat. § 2321

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     § 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 pursuant to the former DNA Act, former 42
     Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
     chapter may request expungement on the grounds that the
     conviction or delinquency adjudication on which the authority
     for including that person's DNA sample, record or profile was
     based has been reversed and the case dismissed or that the DNA
     sample, record or profile was included in the State DNA Data
     Bank or the State DNA Data Base by mistake.
        (b)  Duty of State Police.--The State Police shall purge all
     records and identifiable information in the State DNA Data Bank
     or State DNA Data Base pertaining to the person and destroy each
     sample, record and profile from the person upon:
            (1)  receipt of a written request for expungement
        pursuant to this section and a certified copy of the final
        court order reversing and dismissing the conviction; or
            (2)  clear and convincing proof that the sample record or
        profile was included by mistake.
        (c)  Limitations.--
            (1)  An incarcerated or previously incarcerated person
        may not seek expungement of a DNA sample, record or profile
        on the ground that that person was convicted or adjudicated
        delinquent for a felony sex offense prior to July 27, 1995.
            (2)  A person may not seek expungement of a DNA sample,
        record or profile on the ground that that person was
        convicted or adjudicated delinquent for one of the other
        specified offenses prior to the effective date of the former
        DNA Act or this chapter.
        (d)  Effect of expungement.--The expungement of a DNA sample,
     record or profile pursuant to this section shall have no effect
     on any data bank or data base match occurring prior to the
     expungement of the sample, record or profile.

        Cross References.  Section 2321 is referred to in section
     2323 of this title.

Last modified: November 27, 2007