DNA Database Removal
Law enforcement is allowed to collect and keep DNA samples and profiles of anyone convicted of a felony or anyone required to register as a sex or arson offender. The DNA sample is put into the CAL-DNA database maintained by the Department of Justice (DOJ). DNA samples and profiles may also be saved by the FBI. If there is no legal basis for the DOJ to keep your DNA sample and profile, you can request that the sample be destroyed and your DNA profile be erased from the database.
DNA Removal Eligibility
You may be able to have your DNA expunged if:
- Your DNA was collected when you were arrested, but no charges were ever filed;
- Your DNA was collected when you were arrested for a felony, but the prosecutor filed only misdemeanor charges against you for that arrest;
- Your DNA was collected but then the case was dismissed, or you were found “not guilty,” or a Court of Appeal overturned your conviction and the case was dismissed;
- Your DNA was collected for a case for which you later successfully completed a diversion program or deferred entry of judgment program, such as PC1000;
- You were found factually innocent of the underlying offense pursuant to Penal Code §851.8, or Welfare and Institutions Code §781.5.
Not eligible for DNA Removal
You are not eligible to have your DNA expunged if you have any felony conviction or any felony juvenile adjudications. The fact that you have a felony conviction or adjudication at any point, a conviction in another state that would be a felony in California, are required to register as a sex or arson offender, or have a pending case which allows law enforcement to get your DNA allows law enforcement can keep your DNA and DNA profile.
Felony Reduced to Misdemeanor and DNA Removal
If your felony conviction was reduced to a misdemeanor because of Prop 47 or Prop 64, you might be able to get your DNA expunged. If your felony conviction was reduced to a misdemeanor because the judge used his/her discretion under Penal Code 17b to reduce it, you are not eligible to get your DNA expunged. If your felony conviction was dismissed or expunged pursuant to penal code section 1203.4, does not make you eligible to have your DNA expunged.