Section 1285.70  Expungement of Records

a)         In the event the disposition or conviction upon which a sample collection was based has been reversed based on actual innocence or that a pardon has been granted based on actual innocence, the genetic marker grouping will be removed from the local, State, and national offender databases after receipt of a final court order requiring expungement.  The sample receipt containing personal identifiable information will be destroyed; pointers to computerized sample records will be deleted; the sample will be destroyed in a biologically safe manner; and a letter will be sent to the court verifying the expungement is completed.  With respect to electronic and other means of record keeping for which an index or pointer system is necessary to locate a record, deletion of the index entry or pointer is equivalent to deletion of the record.

b)         For specimens required to be collected prior to conviction (e.g., indictee), a certified copy of a final court order pursuant to 730 ILCS 5/5-4-3(f-1) is required to expunge the sample.  The court order shall specifically address all eligible charges against the donor, and include language that the DNA arrestee sample be expunged.

c)         Expungements will not be processed if the qualifying offender is also eligible for the database due to a matter not addressed in the court order.  In this situation, the court will be asked for further guidance.

d)         Voluntary samples submitted under Section 1285.40 of this Part may only be removed by court order.

e)         Samples determined to be ineligible by either the collection agency or laboratory staff, prior to a database match, will be administratively removed upon the receipt of a written request from the collection agency.

f)         Expungement requests for samples that are currently involved in a pending database match will be held until all pending matches are addressed.

(Source:  Amended at 36 Ill. Reg. 5610, effective March 26, 2012)