§1577. DNA records
1. Confidentiality. All DNA records are confidential and may not be disclosed to any person or agency unless disclosure is authorized by this section.
[PL 1995, c. 457, §1 (NEW).]
2. Access to records. The following persons or agencies may have access to DNA records:
A. Local, county, state and federal criminal justice and law enforcement agencies, including forensic laboratories serving the agencies, for identification purposes that further official criminal investigations; [PL 1995, c. 457, §1 (NEW).]
B. The FBI for storage and maintenance of CODIS; [PL 1995, c. 457, §1 (NEW).]
C. Medical examiners and coroners for the purpose of identifying remains; and [PL 1995, c. 457, §1 (NEW).]
D. A person who has been identified and charged with a criminal offense or a juvenile crime as a result of a search of DNA records stored in the state DNA data base. A person who has been identified and charged with a criminal offense or a juvenile crime has access only to that person's records and any other records that person is entitled to under the Maine Rules of Evidence. [PL 2003, c. 393, §6 (AMD).]
[PL 2003, c. 393, §6 (AMD).]
3. Statistical interpretation. Notwithstanding subsections 1 and 2, DNA records may be released to advance DNA analysis methods and support statistical interpretation of DNA analysis, including development of population data bases, if personal identifying information is removed from DNA records prior to the release of those records.
[PL 1995, c. 457, §1 (NEW).]
4. Expungement. A person whose DNA record has been stored in the state DNA data base may petition the Superior Court for expungement on the ground that the conviction or adjudication justifying the inclusion of the DNA record in the state DNA data base has been reversed or dismissed. Upon receipt of an expungement order and a certified copy of the order reversing and dismissing the conviction or adjudication, the Chief of the State Police shall purge from the state DNA data base the DNA record and all identifiable information resulting exclusively from the reversed conviction or adjudication.
[PL 2003, c. 393, §7 (AMD).]
SECTION HISTORY
PL 1995, c. 457, §1 (NEW). PL 2003, c. 393, §§6,7 (AMD).
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