If you are charged with or arrested for a felony in Denver and Arapahoe County, including felony Sexual Assault on a Child, felony Sexual Assault, felony Sexual Exploitation of a Child, felony Incest or another felony offense, you will have to provide a biological DNA sample. This DNA sample will then be placed into a global database. The Colorado Bureau of Investigation (CBI) can keep your DNA samples permanently. Upon an investigation of felony sexual offenses (and other felony crimes), law enforcement can analyze genetic information without a warrant. In other words, a DNA sample can be used to identify someone in a crime that's being investigated. Under some circumstances, people are arrested for felony sexual offenses which they did not commit. Fortunately, there are cases where an experienced criminal defense lawyer can expunge a DNA record and keep this from happening.
When Can a DNA Record Be Expunged in Douglas and Jefferson County?
Under Colorado law, if you are found not guilty at trial in Douglas or Jefferson County, you can petition to have your DNA sample destroyed and DNA record expunged. According to Colorado law:
“A person whose biological substance sample is collected pursuant to section 16-22-103 qualifies for expungement if: (a) in the case of a sample collected based upon the filing of a charge or based upon a final court order, each felony charge stemming from the charges has, by final court order, been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense.”
Additionally, if a felony charge was not filed within ninety days after your arrest, it can be expunged. Or, if each felony charge stemming from the arrest was dismissed, resulted in an acquittal or resulted in a conviction for an offense other than a felony offense, you can expunge a DNA record.
Adams County DNA Expungement Lawyer: We Can Help
If you qualify for DNA expungement in a Sexual Assault on a Child case or felony Unlawful Sexual Contact case in Adams County, contact our lawyers right away. It is dangerous to let the government keep your genetic information in a global database and analyze it at any time. Our aggressive sex crimes attorneys can protect your private genetic information and your future.
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