Code of Massachusetts Regulations
515 CMR - DEPARTMENT OF STATE POLICE
Title 515 CMR 1.00 - Collection, Submission, Receipt, Identification, Storage, And Disposal Of Dna Samples
Section 1.05 - Disposal of DNA Samples
Current through Register 1531, September 27, 2024
Except as provided in 515 CMR 1.05, the Crime Laboratory shall store DNA samples and DNA database information cards permanently in a secure storage area.
(1) Expungement. Upon receipt of a court order pursuant to M.G.L. c. 22E, § 15, with respect to a subject whose DNA record resides in the DNA Database, such record may be expunged in accordance with M.G.L. c. 22E, § 15. Upon receipt of a court order for expungement, the Crime Laboratory shall verify whether it possesses a DNA sample from an individual with personal identifying data that corresponds with information provided in the court order.
Upon determining the existence of any DNA record(s), the Crime Laboratory shall obtain all documents related to the subject's DNA record. The Crime Laboratory shall forward to the subject such documents using return receipt requested mail, and maintain a record of the expungement. The Crime Laboratory shall also remove information in CODIS pertaining to the subject.
(2) Disqualification. If the Crime Laboratory determines that it possesses a DNA sample that does not meet all requirements for entrance to the DNA database or CODIS, the Crime Laboratory may destroy such sample.