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State DNA Expungement

DNA Expungement After Felony Arrests Northwest Indiana

Are you aware that your DNA record may be in the hands of the Indiana State Police? If you have been arrested for a felony in Indiana, there is a high likelihood that your DNA sample was submitted into a statewide database used by Indiana law enforcement. 

Do you remember the police requiring you to submit to a cheek swab? If yes, you may have recourse to remove your DNA sample from the Indiana database through DNA expungement.

What Is a DNA Database Expungement in Indiana?

DNA samples were previously only collected following a felony conviction, but starting in 2018, Indiana police were permitted to take a cheek swab, along with fingerprints, from everyone arrested for a felony crime. This has resulted in a large amount of DNA records collected by Indiana police and placed into the state-database, referred to as the Biology & Combined DNA Index System or “CODIS.” 

Indiana law permits expungement, aka removal, of your DNA profile from CODIS if you are eligible; successful expungement instructs the Indiana State Police to destroy DNA from CODIS. Whether or not you are eligible depends on multiple factors, including your criminal history and disposition of your case related to the collection of your DNA sample.

How Can the State Use My DNA Sample?

The purpose of collecting DNA samples for a police database is to assist officers in future investigations. After giving DNA sample to police in a medically approved manner, it is placed into a DNA police database and available to Indiana law enforcement statewide. Law enforcement can then access the database to compare DNA samples found in separate investigations for a possible match.  

You may be wondering, how long can the government hold on to the DNA sample?  The simple answer is that the government can hold on to your DNA until you become eligible for removal of your DNA profile from the DNA database and request this removal. Call the attorneys at Stracci Law Group to determine if you are eligible for expungement of your DNA sample today.

Am I Eligible to Have My DNA Expunged or Removed From the Database?

Can I get my DNA removed from police database? Eligibility to remove DNA from police database is provided by Indiana statute. In order to qualify for expungement of DNA, you first need to determine when your DNA was collected, as well as what case your DNA profile collection was associated with.  Under Indiana law, you may only request DNA record expungement if your felony (or misdemeanor) arrest falls into one of the following categories: 

  • You were charged and convicted of a felony, but the felony conviction(s) were reversed;
  • You were charged with a felony, but the felony charges were dismissed;
  • You were charged and convicted of a felony, but your felony conviction(s) were converted to misdemeanor(s); or
  • You were arrested for a felony, but no formal criminal charges were filed.

If you do qualify for DNA database removal, Indiana law provides some information on the process of removing your DNA profile from the statewide database. Once you successfully expunge your DNA profile, all identifiable information in the Indiana DNA database pertaining to a person requesting removal will be removed and all samples destroyed. Additionally, once your DNA profile is removed from the Indiana DNA database, the superintendent of the database is instructed by statute to request removal of your sample from the national DNA database.

Schedule a Consultation With Crown Point DNA Removal Lawyers 

If you are not sure if you qualify for DNA expungement, call the dedicated attorneys at Stracci Law Group for a consultation to discuss your eligibility. Expungement of your DNA is not automatic in Indiana, so contact our lawyers at Stracci Law Group to get started today.

Who Is Not Eligible for DNA Expungement in Lake County?

Not everyone is eligible for DNA databank record expungement. If you fall into one of the following categories, you do not qualify to remove your DNA from CODIS:

  • You have a felony conviction from Indiana on your record;
  • You have a felony conviction from another state on your record; or
  • You have felony charges pending in any court in Indiana.

If your felony charges are dropped, or your convictions reversed or modified, then you may qualify for DNA expungement in the future.

When Should I File for DNA Expungement in Northwest Indiana?

Indiana law requires certain steps to be taken prior to removal of your DNA from the statewide database maintained by Indiana State Police. If you fall within one of the above mentioned eligible categories, you can request your DNA removed from the police database at any time. Depending on the grounds for your DNA expungement, you may be required to include certified court records or obtain the prosecuting attorney’s position on your request prior to filing. It is vital you consult with an attorney to make sure all requirements are met.

Why Choose Stracci Law Group for Your DNA Samples Expungement?

If you do qualify for DNA expungement, the experienced Attorneys at Stracci Law Group will explain and assist you throughout the entirety of the DNA removal process. From drafting the necessary documents for removal, to advocating on your behalf in state or administrative court, contact Stracci Law Group today if you are interested in DNA expungement.

Contact Indiana DNA Expungement Attorneys Today 

If you are ready to take back your DNA sample from the State of Indiana, contact the attorneys at Stracci Law Group today. Stracci Law Group provides DNA removal representation to clients in LaPorte, Lake, and Porter Counties, including Chesterton, Michigan City, Gary, Hammond, and East Chicago.

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