Simi Valley California Petition for Expungement of DNA Profiles and Samples

State:
California
City:
Simi Valley
Control #:
CA-CR-185
Format:
PDF
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Description

This is an official form from the California Judicial Council, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by California statutes and law.

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FAQ

But certain felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children....These records are: juvenile offenses, charges that were dropped or dismissed, arrest records, infractions, non-violent crimes, and. low-level misdemeanors.

You can request to have your DNA expunged from the California database directly from the DOJ, or you can file a petition in court asking for a court order to expunge it.

To have the profile removed, the prosecuting attorney can simply provide HFSC with a certified copy of the court order. If the request is coming from an individual or their legal counsel, this must also be accompanied by a written request.

How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Expungement can be accomplished easily and quickly when a DNA sample qualifies for removal from the State database and a person provides sufficient documentation of his/her identity, legal status and criminal history to the California Department of Justice, DNA Database Program (CAL-DNA).

Expunging criminal records in California requires the following five steps: Step 1: Hire an attorney.Step 2: Fill out the proper forms.Step 3: File for expungement.Step 4: Prepare for the expungement hearing.Step 5: Refile if the petition is denied.2.1.2.2.2.3.

Depending on the circumstances, a DNA profile and fingerprint record may either be retained indefinitely, held for 3-5 years and then destroyed, or destroyed immediately.

DNA samples are gathered and used in investigating other crimes, where DNA was gathered at the scene of the crime but not matched up with a suspect. This is commonly used in sex crime investigations. The DNA samples are collected and stored in a database.

Any and all data about Subject's genetic profile derived from that physical sample will be deleted immediately, and in no circumstances held any longer than 30 days.

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Simi Valley California Petition for Expungement of DNA Profiles and Samples