Currently in Pennsylvania, if an individual was required to provide a DNA sample, record, or profile to the State DNA Data Bank, they may only request expungement of their genetic information if the conviction or adjudication was reversed, the person was pardoned, or the DNA was mistakenly included in the State DNA Data Bank.
 
This process involves filing a petition with the court to request the court issue an expungement order. This is an unnecessarily onerous burden placed upon an individual who has been pardoned or who has had their conviction reversed without appeal. To guarantee that we are not creating additional barriers for a person to have their DNA records expunged, I will be introducing legislation requiring the court to automate the expungement process. As there is no longer a justification for the state to keep the DNA sample, record or profile, the burden of initiating the expungement process should not fall on the individual.
 
This legislation would not change the requirements for expungement in any way. It will simply give people the peace of mind that the state has a process in place to ensure that their genetic material is no longer kept on file if they have been pardoned or had their conviction thrown out.
 
I look forward to your support for this initiative to help protect privacy rights and fairness in Pennsylvania.