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Court address MOTION TO DESTROY DNA PROFILE AND SAMPLE CASE NO. Court telephone no. If the DOJ denies your request to expunge your DNA you may ask a judge to do it.You need to fill out a Petition for Expungement of DNA Profiles and Samples. If you are eligible to delete your DNA sample, the next step is to petition the Court to do so. 524.140 Disposal of biological evidence that may be subject to DNA testing --. Motion to destroy -- Liability for destruction -- Penalty -- Retention of. Section removes the individual's DNA profile record from the state CODIS and destroy the biological sample associated with the expungement. In certain situations, an individual may petition to have their DNA sample or profile removed from a DNA identification database. The applicant certifies that the applicant will provide a DNA sample for purposes of comparison. Section removes the individual's DNA profile record from the state CODIS and destroy the biological sample associated with the expungement.