DNA Expungement

DNA Expungement After Felony Arrests

Did you know that if you are charged with a felony in Colorado, you are required to submit a biological sample (DNA sample) to the Colorado Bureau of Investigation? This is in fact the case for all persons arrested on or after September 30, 2010. C.R.S. 16-23-103. Most people may not realize that the sample is now automatically taken as part of the booking process when a person is arrested in Jefferson, Douglas or Arapahoe County.

How Your DNA Sample Can be Used

After the sample is taken, the CBI can test the sample and analyze the sample for genetic markers. Moreover, after the arrestee is charged, the CBI "shall file and maintain the testing results in the state index system." Essentially, this allows the state to keep your genetic information on file... FOREVER. This information may be furnished to law enforcement at their request (no warrant necessary), for investigation of crimes like rape, sexual assault and murder in Adams, Broomfield and Boulder County. More importantly, this information can be used to identity suspects in crimes where biological material is left behind by comparing all samples in the database against the suspect sample.

Rules for Expungement and Removal of DNA from Database

Fortunately, if your DNA material is taken, you may be entitled to have it removed from the database. C.R.S. 16-23-105. This process is known as expungement. In order to have your sample removed from CBI, one of the following must apply:

•(1) The felony you were charged with has been dismissed, resulted in an acquittal, or resulted in conviction for an offense other than felony (in other words, a misdemeanor plea bargain still means you can expunge your DNA sample), or

•(2) A felony case was not filed within 90 days after the sample was taken

If you qualify for an expungement, it is important to petition CBI and not let the government maintain records they are not entitled to keep. You could be the victim of government errors and identified as a suspect for a crime you did not commit.  An experienced criminal defense attorney can assist you with this process. After receiving our request to expunge your record, CBI will inquire with the District Attorney's office in Denver and Larimer County to determine your eligibility for expungement. Once confirmed, your sample shall be destroyed within 90 days and written notification mailed to you detailing that the sample was destroyed.

Protect your privacy interests and don't let the government maintain your personal biological information. Save yourself from misidentification as a crime suspect.  Contact an experienced criminal defense attorney at the O'Malley Law Office today. Together we can protect your future.

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