{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-310.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-310.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-310.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-310.7.html"}],"law_id":79975,"edition_id":1,"section_id":79975,"structure_id":14168,"section_number":"19.2-310.7","catch_line":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","history":"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.","full_text":"A\n\nA 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\n\nEntry 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.","order_by":null,"text":{"0":{"id":286449,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286450,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14168,"edition_id":1,"name":"DNA Analysis and Data Bank","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:47:06","date_modified":"2026-06-26 03:47:06","permalink":{"id":169625,"object_type":"structure","relational_id":14168,"identifier":"1.1","token":"19.2\/18\/1.1","url":"\/19.2\/18\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","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":72639,"structure_id":14168,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","url":"\/19.2-310.2\/","token":"19.2\/18\/1.1\/19.2-310.2","metadata":false},{"id":84666,"structure_id":14168,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","url":"\/19.2-310.2_1\/","token":"19.2\/18\/1.1\/19.2-310.2_1","metadata":false},{"id":73817,"structure_id":14168,"section_number":"19.2-310.3","catch_line":"Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis","url":"\/19.2-310.3\/","token":"19.2\/18\/1.1\/19.2-310.3","metadata":false},{"id":81103,"structure_id":14168,"section_number":"19.2-310.3:1","catch_line":"Procedures for taking saliva or tissue sample for DNA analysis","url":"\/19.2-310.3_1\/","token":"19.2\/18\/1.1\/19.2-310.3_1","metadata":false},{"id":55336,"structure_id":14168,"section_number":"19.2-310.4","catch_line":"Procedures for conducting DNA analysis of blood, saliva or tissue sample","url":"\/19.2-310.4\/","token":"19.2\/18\/1.1\/19.2-310.4","metadata":false},{"id":72252,"structure_id":14168,"section_number":"19.2-310.5","catch_line":"DNA data bank","url":"\/19.2-310.5\/","token":"19.2\/18\/1.1\/19.2-310.5","metadata":false},{"id":71888,"structure_id":14168,"section_number":"19.2-310.6","catch_line":"Unauthorized uses of DNA data bank; forensic samples; penalties","url":"\/19.2-310.6\/","token":"19.2\/18\/1.1\/19.2-310.6","metadata":false},{"id":79975,"structure_id":14168,"section_number":"19.2-310.7","catch_line":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","url":"\/19.2-310.7\/","token":"19.2\/18\/1.1\/19.2-310.7","metadata":false}],"previous_section":{"id":71888,"structure_id":14168,"section_number":"19.2-310.6","catch_line":"Unauthorized uses of DNA data bank; forensic samples; penalties","url":"\/19.2-310.6\/","token":"19.2\/18\/1.1\/19.2-310.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-310.7\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 669 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. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 753<\/a> and 773<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2015, chapters 209<\/a> and 437<\/a>; in 2025, chapters 634<\/a> and 671<\/a>.<\/p>","references":false,"refers_to":[{"id":64607,"section_number":"16.1-299.1","catch_line":"Sample required for DNA analysis upon conviction or adjudication of felony","order_by":null,"url":"\/16.1-299.1\/"},{"id":72639,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","order_by":null,"url":"\/19.2-310.2\/"},{"id":84666,"section_number":"19.2-310.2:1","catch_line":"Saliva or tissue sample required for DNA analysis after arrest for a violent felony","order_by":null,"url":"\/19.2-310.2_1\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":60343,"section_number":"19.2-392.7","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition","order_by":null,"url":"\/19.2-392.7\/"},{"id":85831,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","order_by":null,"url":"\/9.1-903\/"}],"permalink":{"id":169655,"object_type":"law","relational_id":79975,"identifier":"19.2-310.7","token":"19.2\/18\/1.1\/19.2-310.7","url":"\/19.2-310.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-310.7\/","token":"19.2\/18\/1.1\/19.2-310.7","dublin_core":{"Title":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-310.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2<\/a> may request expungement on the grounds that the conviction<\/span> 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<\/a>, 16.1-299.1<\/a>, 19.2-310.2<\/a>, or 19.2-310.2:1<\/a>, 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<\/span> reversing and dismissing the conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Entry of a sealing order pursuant to § 19.2-392.7<\/a> , 19.2-392.12<\/a>, or 19.2-392.12:1<\/a> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) EXPUNGEMENT WHEN DNA TAKEN FOR A CONVICTION (\u00a7\n19.2-310.7)\n\nA. A person whose DNA profile has been included in the data bank pursuant to\n§ 19.2-310.2 may request expungement on the grounds that the conviction on\nwhich the authority for including his DNA profile was based has been reversed\nand the case dismissed. Provided that the person’s DNA profile is not\notherwise required to be included in the data bank pursuant to § 9.1-903,\n16.1-299.1, 19.2-310.2, or 19.2-310.2:1, the Department of Forensic Science\nshall purge all records and identifiable information in the data bank pertaining\nto the person and destroy all samples from the person upon receipt of (i) a\nwritten request for expungement pursuant to this section and (ii) a certified\ncopy of the court order reversing and dismissing the conviction.\n\nB. Entry of a sealing order pursuant to § 19.2-392.7 , 19.2-392.12, or\n19.2-392.12:1 shall not serve as grounds for expungement of a person’s DNA\nprofile or any records in the data bank relating to that DNA profile.\n\nHISTORY: 1990, c. 669; 2002, cc. 753, 773; 2005, cc. 868, 881; 2015, cc. 209,\n437; 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.","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}}