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In California, when your record is expunged, the court clerk informs the FBI and the DOJ to update their records to show that your case has been dismissed. Note that private companies that do background checks, are not notified of the dismissal.
DNA evidence that is properly identified, collected, and preserved can be stored for years without risk of extensive degradation, even at room temperature.
DNA samples and profiles may also be saved by the FBI. If there is no legal basis for the DOJ to keep your DNA sample and your DNA profile, you can request that the sample be destroyed and your DNA profile be erased from the database.
The process of filing for expungement Step 1: Seek legal counsel. ... Step 2: Obtain and complete forms. ... Step 3: File for expungement. ... Step 4: Meet with your attorney to prepare for your hearing. ... Step 5: Your expungement hearing. ... Step 6: If your petition is accepted. ... Step 7: If your petition is denied.
You're not charged, the police have to destroy the sample and records two years after the date the sample was taken, unless a judge allows a longer time. you're charged but the police withdraw the charge or you're found not guilty, the sample and records must be destroyed as soon as practicable.