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2018 Georgia Code 35-3-165 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-165 Case Law from Google Scholar Amendments to OCGA 35-3-165

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 6A DNA SAMPLING, COLLECTION, AND ANALYSIS

35-3-165. Expungement of profile in data bank upon reversal and dismissal of conviction.

  1. A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction.
  2. A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this article and its use in accordance with this article is authorized until a court order directing expungement is obtained and submitted to the bureau.

(Code 1981, §35-3-165, enacted by Ga. L. 2011, p. 264, § 3-1/SB 80.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code Section 35-3-160 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this Code section.

Expungement right not violated.

- In convictions of aggravated sodomy, kidnapping, burglary, and aggravated assault, in which the state used evidence comparing DNA on lip balm found at the crime scene with defendant's blood sample and with evidence retained from a prior rape prosecution, retention and use of the rape trial evidence did not violate the defendant's right to seek expungement of such evidence under former O.C.G.A. § 24-4-65 (see now O.C.G.A. § 35-3-165). Fortune v. State, 300 Ga. App. 550, 685 S.E.2d 466 (2009).

Evidence found based on a DNA match not excluded under federal law.

- Evidence produced after a comparison of DNA from a robbery scene to a Georgia Bureau of Investigation database did not violate the defendant's Fourth Amendment rights because the sample was taken pursuant to O.C.G.A. §§ 35-3-160(b) and35-3-165(b), while the defendant was serving a sentence under Georgia's First Offender Act, O.C.G.A. § 42-8-60, and the match was made when the defendant was on probation with a reduced expectation of privacy. United States v. Hinton, 676 Fed. Appx. 842 (11th Cir. 2017)(Unpublished).

RESEARCH REFERENCES

ALR.

- Judicial expunction of criminal record of convicted adult in absence of authorizing statute, 68 A.L.R.6th 1.

Judicial expunction of criminal record of convicted adult under statute - General principles, and expunction of criminal records under statutes providing for such relief where criminal proceeding is terminated in favor of defendant, upon completion of probation, upon suspended sentence, and where expungement relief predicated upon type, and number, of offenses, 69 A.L.R.6th 1.

Judicial expunction of criminal record of convicted adult under statute - Expunction under statutes addressing "first offenders" and "innocent persons," where conviction was for minor drug or other offense, where indictment has not been presented against accused or accused has been released from custody, and where court considered impact of nolle prosequi, partial dismissal, pardon, rehabilitation, and lesser-included offenses, 70 A.L.R.6th 1.

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