Section 9.06. Use of DNA data bank.

 

(1)   Use. The state crime laboratories may compare the data obtained from one human biological specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies and the combined DNA identification system in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings, subject to s. 971.23 (9) , Stats.

(2)   Expungement of dna analysis data.

(a) A person may request expungement of his or her DNA analysis data submitted under this chapter on any of the following grounds:

1. The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 1. , Stats., and all convictions, findings, or adjudications for which the person was required to submit a biological sample have been reversed, set aside or vacated.

2. The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 2. , Stats., and one of the circumstances provided for in s. 165.77 (4) (am) 2. a. , b. , c. , or d. , Stats., applies to the person.

3. The DNA analysis data was included in the data bank pursuant to s. 165.77 (4) (am) 3. , Stats., and one of the circumstances provided for in s. 165.77 (4) (am) 3. a. , b. , c. , or d. , Stats., applies to the person.

(b) A request for expungement of DNA analysis data under par. (a) must be made in writing on a form provided by the state crime laboratories. If par. (a) 1. applies to the person making the request, then the request must be accompanied by a certified copy of the court order reversing, setting aside or vacating the person's conviction or adjudication.

(c) Upon receipt of a complete expungement request meeting the requirements of pars. (a) and (b) , the state crime laboratories shall expunge all records and identifiable information in the databank pertaining to the person that are required to be purged under s. 165.77 (4) (bm) , Stats., and destroy all human biological specimens from the person.

(d) The state crime laboratories shall destroy a biological specimen under the circumstances provided in s. 165.84 (7) (am) 2m. , Stats.

(e) If a person who was required to provide a biological specimen under s. 165.84 (7) (ah) , 938.21 (1m) , 938.30 (2m) , or 970.02 (8) , Stats., makes a fingerprint expungement request pursuant to s. 165.84 (1) , Stats., that expungement request will be granted if one of the conditions in s. 165.77 (4) (am) 2. or 3. , Stats., applies to the person.

(f) If the administrator of the department's division of law enforcement services or his or her designee determines that a human biological specimen was collected from a person by mistake and that the person is not subject to the submission requirements of this chapter, the state crime laboratories shall expunge all records and identifiable information in the databank pertaining to the person that are required to be purged under s. 165.77 (4) (bm) , Stats., and destroy all human biological specimens from the person.

(3)   Confidentiality. Except for the uses listed in this chapter and s. 165.77 , Stats., DNA analysis data collected under this chapter for the DNA data bank shall remain confidential. Information concerning the fact that a person has submitted a human biological specimen for the DNA data bank is not confidential and may be released.

History: Cr. Register, July, 1997, No. 499 , eff. 8-1-97; EmR1510 : emerg. r. and recr., eff. 4-1-15; CR 14-070 : r. and recr. Register September 2015 No. 717 , eff. 10-1-15; correction in (2) (e) made under s. 35.17 , Stats., Register September 2015 No. 717 .