Carrollton, GA asked in Criminal Law for Georgia

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.

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1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

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was filed, (2) you were found by the Court to be in violation of your probation and (3) the conditional discharge plea was revoked by the Court).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.

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