§ 19.2-310.7 (Effective July 1, 2026) Expungement when DNA taken for a conviction
A. A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request expungement on the grounds that the conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed. Provided that the person’s DNA profile is not otherwise required to be included in the data bank pursuant to § 9.1-903, 16.1-299.1, 19.2-310.2, or 19.2-310.2:1, the Department of Forensic Science shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of (i) a written request for expungement pursuant to this section and (ii) a certified copy of the court order reversing and dismissing the conviction.
B. Entry of a sealing order pursuant to § 19.2-392.7 , 19.2-392.12, or 19.2-392.12:1 shall not serve as grounds for expungement of a person’s DNA profile or any records in the data bank relating to that DNA profile.
History
This law was first created in 1990. The record of its establishment is cataloged in chapter 669 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 “Acts” aren’t available online. It has been modified 4 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 753 and 773; in 2005, chapters 868 and 881; in 2015, chapters 209 and 437; in 2025, chapters 634 and 671.
1990, c. 669; 2002, cc. 753, 773; 2005, cc. 868, 881; 2015, cc. 209, 437; 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.