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Official Code of Georgia Annotated

Title 35. LAW ENFORCEMENT OFFICERS AND AGENCIES · Chapter 3. GEORGIA BUREAU OF INVESTIGATION · Article 6A. DNA SAMPLING, COLLECTION, AND ANALYSIS

35-3-165. Expungement of DNA profile in data bank; requirements.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    The bureau shall purge all records and identifiable information in the data bank pertaining to the DNA profile of the individual and shall destroy all such DNA samples collected from such individual within 30 days of the receipt of a certified copy of the applicable:#

    1. (1)

      Court order reversing the conviction together with a court order or documentation from the prosecuting attorney stating that the charges were dismissed;#

    2. (2)

      Judgment of acquittal;#

    3. (3)

      Sentencing order showing that all of the felony charges were reduced to misdemeanors; or#

    4. (4)

      Court order showing the successful completion of the sentence that was imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or (c) of Code Section 16-13-2.#

  2. (b)

    A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article shall be authorized until it is expunged as set forth in subsection (a) of this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 35-3-165, enacted by Ga. L. 2011, p. 264, § 3-1/SB 80; Ga. L. 2019, p. 299, § 3/HB 470.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, pages 198 to 199; merge action: bound only; file SHA-256 6c7b6bcea397.