[NY] Can I file a DNA expungement request while my case is still active?
Even though the defense attorney is adamant about the DNA evidence and hasn’t suggested expungement, what would typically happen if a forensic biology request were submitted at this point?
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Thanks. If you submit a DNA expungement/destruction request in New York now, the outcome depends on your case status:
- Case still open/unresolved: It will almost certainly be denied until the case is resolved in your favor.
- Case ended with conviction of a qualifying offense: DNA generally stays in the databank; expungement isn’t allowed except in rare wrongful-conviction scenarios (Executive Law § 995-c(9)(a)).
- Case ended in your favor (dismissal, acquittal, vacated conviction): You can request OCME databank expungement (delete digital profile) and NYPD evidence destruction (destroy physical sample). You’ll need a court order, a Certificate of Disposition, and the completed agency forms. OCME/NYPD will verify and, if criteria are met, remove your profile and sample. If paperwork is incomplete or you don’t qualify, they’ll issue a denial.
A current DNA “hit” can still be used by law enforcement unless and until expungement/destruction is granted (Executive Law § 995-f(2)(a)).
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Even though the defense attorney is adamant about the DNA evidence and hasn’t suggested expungement, what would typically happen if a forensic biology request were submitted at this point?
Lexi, Chatbot
I understand your concern. Have you already been charged with a crime related to this DNA evidence?
Yes.
Lexi, Chatbot
Can you provide more details about the specific circumstances surrounding the forensic biology request and your legal situation?
Yes.
Lexi, Chatbot
Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help.
Yes.
Queeneth E. Esq
What I saw in the forensic biology administrative manual explains the process to remove your DNA profile and destroy physical samples after a qualifying case is dismissed, sealed, or ends in an acquittal. A court-ordered expungement request with a Certificate of Disposition directs OCME (and any linked local database) to delete your profile. NYPD profile-removal and evidence-destruction requests are separate steps.
These do not happen automatically when a case is dismissed and sealed—you must submit the forms and documentation. Until then, your DNA can remain in the database and still generate hits.
Ok, so even though the defense attorney is focused on the DNA hit and hasn’t suggested expungement, if the request was submitted now, what would generally happen? In New York.
Queeneth E. Esq
How long has this been going on?
Over a year.
Queeneth E. Esq
Thanks. If you submit a DNA expungement/destruction request in New York now, the outcome depends on your case status:
- Case still open/unresolved: It will almost certainly be denied until the case is resolved in your favor.
- Case ended with conviction of a qualifying offense: DNA generally stays in the databank; expungement isn’t allowed except in rare wrongful-conviction scenarios (Executive Law § 995-c(9)(a)).
- Case ended in your favor (dismissal, acquittal, vacated conviction): You can request OCME databank expungement (delete digital profile) and NYPD evidence destruction (destroy physical sample). You’ll need a court order, a Certificate of Disposition, and the completed agency forms. OCME/NYPD will verify and, if criteria are met, remove your profile and sample. If paperwork is incomplete or you don’t qualify, they’ll issue a denial.
A current DNA “hit” can still be used by law enforcement unless and until expungement/destruction is granted (Executive Law § 995-f(2)(a)).
Queeneth E. Esq
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