Section 1.05 - Disposal of DNA SamplesExcept 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. (a) If no record is found, or if there is any discrepancy in the information submitted by the subject or his or her representative in the request, the Crime Laboratory shall notify the subject in writing within 30 days, setting forth reasons why documents were not returned and requesting additional information, if appropriate, by certified or registered mail, return receipt requested.(b) If a record is found for the identified subject in the DNA Database and no discrepancies are identified in the information submitted by the subject or his or her representative, the Crime Laboratory shall determine the location of all documents related to the subject's DNA record. The Crime Laboratory shall, within 30 days of the notification of the court order, communicate to the subject in writing the list of documents identified in this search, by certified or registered mail, return receipt requested. In this same letter, the Crime Laboratory shall define for the subject the expected time needed to obtain all documents to be returned to the subject. The time to obtain and return these records to the subject shall not exceed 120 days from the date of notification of the court order for expungement unless exigent circumstances exist. 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.