                                 CODE OF VIRGINIA

EXPUNGEMENT OF DNA PROFILE (§ 19.2-11.10)

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.
		The 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.

HISTORY: 2016, cc. 332, 698.