{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-11.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-11.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-11.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-11.10.html"}],"law_id":83392,"edition_id":1,"section_id":83392,"structure_id":13403,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","history":"2016, cc. 332, 698.","full_text":"If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.\n\t\tThe detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.","order_by":null,"text":{"0":{"id":298754,"text":"If the Department receives written confirmation from a law-enforcement agency or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense or that the DNA profile is of an individual who is not the putative perpetrator, the Department shall expunge the DNA profile from the DNA data bank.\n\t\tThe detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence based upon or derived from the DNA record shall not be excluded by a court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13403,"edition_id":1,"name":"Physical Evidence Recovery Kits and Trace Evidence Collection Kits","identifier":"1.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:49","date_modified":"2026-06-26 03:44:49","permalink":{"id":168271,"object_type":"structure","relational_id":13403,"identifier":"1.2","token":"19.2\/1.2","url":"\/19.2\/1.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83392,"structure_id":13403,"section_number":"19.2-11.10","catch_line":"Expungement of DNA profile","url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","metadata":false},{"id":68792,"structure_id":13403,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},{"id":83902,"structure_id":13403,"section_number":"19.2-11.12","catch_line":"Costs of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.12\/","token":"19.2\/1.2\/19.2-11.12","metadata":false},{"id":62487,"structure_id":13403,"section_number":"19.2-11.13","catch_line":"Physical Evidence Recovery Kit Tracking System","url":"\/19.2-11.13\/","token":"19.2\/1.2\/19.2-11.13","metadata":false},{"id":57134,"structure_id":13403,"section_number":"19.2-11.5","catch_line":"Definitions","url":"\/19.2-11.5\/","token":"19.2\/1.2\/19.2-11.5","metadata":false},{"id":54372,"structure_id":13403,"section_number":"19.2-11.6","catch_line":"Anonymous physical evidence recovery kits and anonymous trace evidence collection kits","url":"\/19.2-11.6\/","token":"19.2\/1.2\/19.2-11.6","metadata":false},{"id":71380,"structure_id":13403,"section_number":"19.2-11.6:1","catch_line":"Telehealth sexual assault forensic examinations; admissibility of physical evidence recovery kit","url":"\/19.2-11.6_1\/","token":"19.2\/1.2\/19.2-11.6_1","metadata":false},{"id":76997,"structure_id":13403,"section_number":"19.2-11.7","catch_line":"Law enforcement taking possession of physical evidence recovery kits and trace evidence collection kits","url":"\/19.2-11.7\/","token":"19.2\/1.2\/19.2-11.7","metadata":false},{"id":62452,"structure_id":13403,"section_number":"19.2-11.8","catch_line":"Submission of physical evidence recovery kits and trace evidence collection kits to the Department","url":"\/19.2-11.8\/","token":"19.2\/1.2\/19.2-11.8","metadata":false},{"id":69873,"structure_id":13403,"section_number":"19.2-11.9","catch_line":"Lack of compliance with procedures","url":"\/19.2-11.9\/","token":"19.2\/1.2\/19.2-11.9","metadata":false}],"next_section":{"id":68792,"structure_id":13403,"section_number":"19.2-11.11","catch_line":"Victim's right to notification of scientific analysis information","url":"\/19.2-11.11\/","token":"19.2\/1.2\/19.2-11.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-11.10\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapters 332<\/a> and 698<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":168273,"object_type":"law","relational_id":83392,"identifier":"19.2-11.10","token":"19.2\/1.2\/19.2-11.10","url":"\/19.2-11.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-11.10\/","token":"19.2\/1.2\/19.2-11.10","dublin_core":{"Title":"Expungement of DNA profile","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-11.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the Department<\/span> receives written confirmation from a law<\/span>-enforcement agency<\/span> or attorney for the Commonwealth that a DNA profile that has been uploaded pursuant to this chapter into any local, state, or national DNA data bank was determined not to be connected to a criminal offense<\/span> or that the DNA profile is of an individual who is not the putative perpetrator, the Department<\/span> shall expunge<\/span> the DNA profile from the DNA data bank.\n\t\tThe detention, arrest<\/span>, or conviction<\/span> of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith pursuant to this chapter, and evidence<\/span> based upon or derived from the DNA record shall not be excluded by a court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPUNGEMENT OF DNA PROFILE (\u00a7 19.2-11.10)\n\nIf the Department receives written confirmation from a law-enforcement agency or\nattorney for the Commonwealth that a DNA profile that has been uploaded pursuant\nto this chapter into any local, state, or national DNA data bank was determined\nnot to be connected to a criminal offense or that the DNA profile is of an\nindividual who is not the putative perpetrator, the Department shall expunge the\nDNA profile from the DNA data bank.\n\t\tThe detention, arrest, or conviction of a person based upon a data bank match\nor data bank information is not invalidated if it is determined that the sample\nwas obtained, placed, or retained in the data bank in good faith pursuant to\nthis chapter, and evidence based upon or derived from the DNA record shall not\nbe excluded by a court.\n\nHISTORY: 2016, cc. 332, 698.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}