                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) EXPUNGEMENT WHEN DNA TAKEN FOR A CONVICTION (§
19.2-310.7)

A. A person whose DNA profile has been included in the data bank pursuant to
&#xA7; 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&#8217;s DNA profile is not
otherwise required to be included in the data bank pursuant to &#xA7; 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 &#xA7; 19.2-392.7 , 19.2-392.12, or
19.2-392.12:1 shall not serve as grounds for expungement of a person&#8217;s DNA
profile or any records in the data bank relating to that DNA profile.

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.