---
title: O.C.G.A. § 35-3-165. Expungement of DNA profile in data bank; requirements.
collection: code
id: 35-3-165
cite_as: O.C.G.A. § 35-3-165 (2025)
canonical_url: https://georgiacommons.org/code/35-3-165
md_url: https://georgiacommons.org/code/35-3-165.md
text_url: https://georgiacommons.org/code/35-3-165/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t35-t36-ch1-59-(v27)-2025-pdf.pdf?sfvrsn=66569db4_0#page=198
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/35-3.md
previous: https://georgiacommons.org/code/35-3-164.md
next: https://georgiacommons.org/code/35-3-170.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: LAW ENFORCEMENT OFFICERS AND AGENCIES / GEORGIA BUREAU OF INVESTIGATION / DNA SAMPLING, COLLECTION, AND ANALYSIS
---

# O.C.G.A. § 35-3-165. Expungement of DNA profile in data bank; requirements.

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

(2) Judgment of acquittal;

(3) Sentencing order showing that all of the felony charges were reduced to misdemeanors; or

(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.

(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.

## 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.