(a) (1) Except as provided in paragraph (3) of this subsection, an individual's DNA samples and records that are collected in accordance with § 2- 504(a)(3) of this subtitle shall be destroyed and expunged automatically from the statewide DNA database system if: (i) a criminal action begun against the individual relating to the crime does not result in a conviction of the individual; (ii) the conviction is finally reversed or vacated and no new trial is permitted; or (iii) the individual is granted an unconditional pardon. (2) Except as provided in paragraph (3) of this subsection, a DNA sample collected, but not tested, from an individual charged with a crime under § 2- 504(a)(3) of this subtitle shall be destroyed and expunged if: (i) at least 2 years have passed from the date of collection of the DNA sample; and (ii) the DNA sample failed to meet the requirements for testing. (3) A DNA sample or DNA record may not be destroyed or expunged automatically from the statewide DNA database system if: (i) the criminal action is put on the stet docket; (ii) the individual receives probation before judgment; or (iii) the trial for a qualifying charge under § 2-504(a)(3) of this subtitle remains pending for any reason. (b) If the DNA sample or DNA record was obtained or generated only in connection with a case in which eligibility for expungement has been established, the DNA sample shall be destroyed and the DNA record shall be expunged. (c) Any DNA record expunged in accordance with this section shall be expunged from every database into which it has been entered, including local, State, and federal databases. (d) An expungement or destruction of sample under this section shall occur within 60 days of an event listed in subsection (a) of this section. (e) Written notice documenting expungement of the DNA record and destruction of the DNA sample shall, in accordance with regulations adopted by the Director, be sent by the Director to the defendant and the defendant's attorney at the address specified by the court in the order of expungement. (f) A record or sample that qualifies for expungement or destruction under this section and is matched concurrent with or subsequent to the date of qualification for expungement: (1) may not be utilized for a determination of probable cause regardless of whether it is expunged or destroyed timely; and (2) is not admissible in any proceeding for any purpose. (g) The Director shall adopt regulations to comply with this section.
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