Q: Can I have my fingerprints or DNA expunged from CODIS and state database upon completion of conditional discharge?
Controlled substance possession 2015. Sentenced to 3 years conditional discharge felony probation in 2017. Completed in 2020.
A:
The general rule is that your DNA is only captured and placed in CODIS if you are convicted of a felony offense. Because you pled under the conditional discharge statute, no conviction occurred. Therefore, your DNA should not have been placed in the system (unless (1) a petition was filed, (2) you were found by the Court to be in violation of your probation and (3) the conditional discharge plea was revoked by the Court).
As for the fingerprints, anytime in which you are arrested, your fingerprints are captured.
All this said, you should first check to see if your DNA was in fact submitted to CODIS. If so, if would likely be to your benefit to hire a seasoned criminal defense attorney to file motions requesting that the DNA be removed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
