If your DNA was taken as part of the arrest you are trying to expunge, you may wish to include a request on your form for your DNA record to be expunged as well.
Legislation was passed in 2008 regarding DNA samples taken from defendants in Maryland. The requirements are outlined below.
- The law requires the court to advise a defendant in a criminal case, when all charges against the defendant are disposed of by acquittal, probation before judgment, nolle prosequi, or stet, that the defendant may be entitled to expunge the records of any DNA sample and DNA record relating to the charges(s).
- It also requires a DNA sample to be taken from any individual charged for certain crimes of violence or felony burglary.
- The law sets forth requirements for collection, testing, use, and disposal of DNA samples taken from and individual and sets forth additional expungement criteria.
- This legislation clarifies that DNA must be destroyed if the person is never charged or convicted after being arrested.
- The legislation establishes procedures for the use of DNA evidence in certain court proceedings and requires that certain reports be submitted annually to the governor and the General Assembly.