§ 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.
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