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Ask a lawyer
Georgia
criminal law
Can I have my fingerprints or DNA removed from…
Controlled substance possession 2015. Sentenced to 3 years parole in 2017. Completed in 2020.
1
Attorney’s response
A: As a general rule, your DNA will only be collected and stored in CODIS if you have been convicted of a criminal offence. Since you relied on the conditional release law, there was no conviction. Therefore, your DNA should not have been entered into the system (unless (1) an application was made, (2) the court found you violated your probation requirements, and (3) the parole defense was revoked by the court court).
As for fingerprints, every time you are arrested, your fingerprints will be taken.
With this in mind, you should first check whether your DNA has actually been transmitted to CODIS. If so, you would likely benefit from hiring an experienced criminal defense attorney to file DNA removal requests.
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