81.9 - EXPUNGEMENT OF DNA RECORDS.
81.9 EXPUNGEMENT OF DNA RECORDS.
1. A person whose DNA record has been included in the DNA
database or DNA data bank established pursuant to section 81.3 may
request, in writing to the division of criminal investigation,
expungement of the DNA record from the DNA database and DNA data bank
based upon the person's conviction, adjudication, or civil commitment
which caused the submission of the DNA sample being reversed on
appeal and the case dismissed. The written request shall contain a
certified copy of the final court order reversing the conviction,
adjudication, or civil commitment, and a certified copy of the
dismissal, and any other information necessary to ascertain the
validity of the request.
2. The division of criminal investigation, upon receipt of a
written request that validates reversal on appeal of a person's
conviction, adjudication, or commitment, and subsequent dismissal of
the case, or upon receipt of a written request by a person who
voluntarily submitted a DNA sample pursuant to section 81.3,
subsection 3, paragraph "b", shall expunge all of the DNA records
and identifiable information of the person in the DNA database and
DNA data bank. However, if the division of criminal investigation
determines that the person is otherwise obligated to submit a DNA
sample, the DNA records shall not be expunged. If the division of
criminal investigation denies an expungement request, the division
shall notify the person requesting the expungement of the decision
not to expunge the DNA record and the reason supporting its decision.
The division of criminal investigation decision is subject to
judicial review pursuant to chapter 17A. The department of public
safety shall adopt rules governing the expungement procedure and a
review process.
3. The division of criminal investigation is not required to
expunge or destroy a DNA record pursuant to this section, if
expungement or destruction of the DNA record would destroy evidence
related to another person. Section History: Recent Form
2005 Acts, ch 158, §9, 19