(a) A person whose DNA profile has been included in the state DNA database and data bank identification program pursuant to this chapter shall have the person’s DNA specimen and sample destroyed and searchable database profile expunged from the program pursuant to § 844D-72 if:
Terms Used In Hawaii Revised Statutes 844D-71
Conviction: A judgement of guilt against a criminal defendant.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The person has no past or present offense which qualifies that person for inclusion within the state DNA database and data bank identification program; and(2) There otherwise is no legal basis for retaining the specimen or sample or searchable profile.(b) A person requesting expungement of their DNA specimen, sample, and profile:
(1) May make a written request to have the person’s specimen and sample destroyed and searchable database profile expunged from the state DNA database and data bank identification program if the underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; and(2) Shall send a copy of the person’s request to the trial court of the circuit that entered the conviction or rendered disposition in the case, to the department, and to the prosecuting attorney of the county in which the person was convicted or adjudicated, with proof of service on all parties.(c) A court considering a request for expungement made pursuant to this section, shall grant the request by order pursuant to section 844D-72(a) if the criteria for expungement under subsection (a) are met.
