Md. Code Regs. 29.05.01.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 29.05.01.14 - Expunging DNA Records

A. An individual whose DNA record or profile has been included in the Statewide DNA Data Base System and whose DNA sample is stored in the Statewide DNA repository may request that information be expunged on the grounds that the conviction which resulted in its inclusion meets the expungement criteria specified in Criminal Procedure Article, § 10-105, Annotated Code of Maryland.

B. Upon receipt of an order of expungement, the Director shall purge a DNA record, DNA sample, or other identifiable information covered by the order from the Statewide DNA Data Base System and the Statewide DNA repository.

C. A DNA sample collected from an arrestee shall be immediately destroyed if all qualifying criminal charges are determined to be unsupported by probable cause. Notice shall be provided to the defendant and counsel, if any, of the destruction.

D. A DNA sample and DNA record collected from an arrestee shall be automatically expunged from any data base into which it has been entered if:

(1) The criminal action against the individual does not result in a conviction of the individual and there is no further trial, disposition, appeal, or other proceeding in the criminal action;

(2) The conviction is finally reversed or vacated and no new trial is permitted; or

(3) The individual is granted an unconditional pardon.

E. An expungement pursuant to §D of this regulation shall occur within 60 business days of the act requiring expungement.

F. Written notice shall be provided to the defendant and counsel, if any, of the expungement.

G. An arrestee record or arrestee sample that qualifies for expungement and is matched concurrent with or subsequent to the date that the arrestee sample qualifies for expungement:

(1) May not be used for determining probable cause regardless of whether it is expunged in a timely manner; and

(2) Is not admissible in any proceeding for any purpose.

H. An arrestee DNA sample and DNA record may not be automatically expunged if:

(1) The arrestee's qualifying criminal action is put on the stet docket; or

(2) The arrestee receives probation before judgment on any charge that qualified the arrestee for collection.

I. If an arrestee is charged with multiple qualifying offenses, the DNA arrestee sample and DNA record are not subject to automatic expungement unless all applicable charges qualify for expungement as set forth in §D of this regulation.

J. If an individual whose DNA sample is in the Statewide DNA Data Base System for a reason other than as a sample collected from an arrestee, any additional sample shall remain in the data base and is not subject to automatic expungement.

K. Records and samples not previously expunged will be expunged 100 years from the date submitted.

L. The Director shall maintain a permanent file of all requests to expunge DNA data base records, and the disposition of those requests.

Md. Code Regs. 29.05.01.14