The California DLE 244 form is a streamlined application used to request the expungement of a DNA profile and the destruction of a DNA sample from the state's database. Individuals who believe they no longer have a legal obligation to provide a DNA sample can use this form to initiate the expungement process. If you think you qualify, take the first step by filling out the form below.
The California DLE 244 form serves a crucial purpose for individuals seeking to expunge their DNA profiles from the state's database. This streamlined application allows individuals to formally request the removal of their DNA sample and related information from the California Department of Justice's CAL-DNA Data Bank Program. To initiate the process, applicants must provide essential personal details, including their name, address, and Social Security number, as well as information about the circumstances under which their DNA was collected. The form also requires individuals to assert that they are not legally obligated to have their DNA retained, and it outlines specific grounds under which expungement can be requested. These grounds include situations where felony charges were not filed, charges were dismissed, or the individual was found factually innocent. Completing the DLE 244 form accurately and attaching the necessary documentation is vital, as any missing information may lead to a denial of the request. This form not only represents a pathway to reclaiming personal privacy but also underscores the importance of ensuring that the state’s data practices align with individual rights.
STATE OF CALIFORNIA
DEPARTMENT OF JUSTICE
DLE 244
STREAMLINED DNA EXPUNGEMENT APPLICATION FORM
PAGE 1 of 3
(Orig. 02/2011)
REQUEST TO THE CALIFORNIA DEPARTMENT OF JUSTICE CAL-DNA DATA BANK PROGRAM
TO EXPUNGE MY STATE DNA DATABASE PROFILE AND REMOVE MY SAMPLE
I,
(Insert Name) SET FORTH UNDER PENALTY OF PERJURY AS FOLLOWS:
1. My name is
(Insert legal name and other name(s)
used), and my address, or an address that I can be reached at, is:
2.My email address is: (Insert email address if you have one and would like to be contacted by email)
3.
My Social Security Number (SSN) is
; my Date of Birth is
;
and my Driver's License Number (or State Identification Card Number) is
.
4.
My CA Identification & Information (CII) Number is
(Insert number if known).
5.
On or about
(Date/Year), I provided a DNA sample for inclusion in the
CAL-DNA Data Bank Program (Penal Code section 295 et seq.) to a law enforcement agency in
County, under the name I entered above.
(Name of County where sample taken; Insert prison name if taken at a prison)
6.
To the best of my knowledge, the crime for which my DNA database sample was taken was:
(Describe or name crime if known).
7.I contend I am not required by law to provide a DNA Data Bank Sample, and there is no legal basis for the California Department of Justice to retain my DNA sample, or searchable DNA profile.
8.I certify to the best of my knowledge that all of the following statements are true:
a. I have no past or present criminal offense that qualifies me for inclusion in the CAL-DNA Data Bank
Program.
[Note: (1) If you provided a DNA sample after you were validly convicted of a felony, the fact you subsequently had that felony conviction expunged under Penal Code section 1203.4, or reduced to a misdemeanor, etc., under Penal Code section 17, does not entitle you to also have your DNA profile expunged or sample removed from the Data Bank. (See, Cal. Pen. Code,
§ 299 (f).); (2) If you provided a DNA sample after a conviction for a misdemeanor and had any past felony conviction at that time, your sample is not eligible for expungement or removal from the Data Bank. (See, Cal. Pen. Code, § 296.1(a)(2) &(3).).]
b.I have no past or present duty to register as a sex or arson offender.
[Note: Termination of the duty to register does not qualify as a reason for sample expungement. (See, Pen. Code, § 299(e).).]
c. I did not provide a DNA sample as part of a plea bargain.
PAGE 2 of 3
9.I request that the California Department of Justice destroy my DNA sample and expunge my searchable DNA database profile as provided for in Penal Code section 299, on the following grounds (CHECK ONE AND ATTACH THE DOCUMENTATION DESCRIBED):
a.
No qualifying felony charges were or will be filed after my arrest.
[Attach Letter in Support of Expungement from a District Attorney or prosecutor, providing the case name and number, and certifying that no charge(s) will be filed based on the arrest; or attach a certified or file- stamped copy of a complaint reflecting that only misdemeanor charge(s) were filed based on the arrest.]
b.
The felony charge(s) which formed the basis of my DNA sample collection was dismissed.
[Attach a certified or file-stamped copy of the court docket or minute order dismissing the charge(s), or a trial court's Clerk Certificate verifying this fact.]
c.
d.
e.
f.
The conviction which formed the basis of my DNA collection has been reversed and the case dismissed. [Attach a certified or file-stamped copy of the court order(s) or opinion reversing the conviction
and dismissing the charge(s).]
I have been found factually innocent under Penal Code section 851.8 or Welfare and Institutions Code section 781.5 of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order making this
finding.]
I was acquitted or found not guilty of the offense which qualified me for inclusion in the CAL-DNA Data Bank Program. [Attach a certified or file-stamped copy of the court docket or minute order stating this
My previously sustained delinquency petition alleging an offense that would be a felony, if committed by an adult, has been reversed and dismissed. [Attach a certified or file-stamped copy of
the court order(s) or opinion reversing the conviction and dismissing the charge(s).]
10. Additional information supporting my request for DNA sample expungement is as follows:
11.I declare under penalty of perjury that the foregoing is true and correct.
Executed on:
at
, State of
(Date)
(City)
(State)
PRINT NAME:
SIGNATURE (person requesting DNA profile expungement and sample removal)
MAIL THE REQUEST FOR DNA SAMPLE EXPUNGEMENT TO:
Department of Justice CAL-DNA Data Bank Program
Attn. EXPUNGEMENT REQUESTS
1001 West Cutting Blvd., Suite 110
Richmond, CA 94804
STATE OF CALIFORNIA DLE 244
Privacy Notice
PAGE 3 of 3
The information requested on this form is being requested by the State of California, Department of Justice (DOJ), Division of Law Enforcement, CAL-DNA Data Bank Program, for the purpose of determining eligibility for DNA sample/profile removal and expungement through use of DOJ's streamlined procedures. The maintenance of the information collected on this form is authorized by Penal Code Section 299. All information requested on this form is voluntary. However, failure to provide the requested information/documentation (e.g. identity, legal status and criminal history), as applicable, to enable DOJ to make a determination regarding a sample/profile's eligibility
for removal/expungement, will likely result in denial of the DNA sample/profile removal and expungement request. Your information provided on this form may be disclosed to federal, state and/or local law enforcement agencies, probation and parole officers, your attorney, and attorneys for the Department of Justice, and/or courts.
Pursuant to Civil Code Section 1798.30 et seq., individuals have the right [with some exceptions] to access records containing the personal information about themselves that are maintained by the agency. The CAL-DNA Data Bank Program is the agency official responsible for the system of records that maintains the information provided on this form. For more information regarding the location of your records and the categories of any persons who use the information in those records, you may contact the CAL-DNA Data Bank Program, Department of Justice, at 1001 West Cutting Blvd., Suite 110, Richmond, CA 94804, or via telephone at (510) 620-3300.
Filling out the California DLE 244 form is an important step for individuals seeking to have their DNA sample and profile removed from the state database. Properly completing this form ensures that your request is clear and that you provide all necessary information to support your case.
What is the California DLE 244 form?
The California DLE 244 form is a streamlined application used to request the expungement of a DNA sample and profile from the California Department of Justice's CAL-DNA Data Bank. Individuals who believe they are not legally required to have their DNA retained can use this form to initiate the expungement process.
Who is eligible to use the DLE 244 form?
Individuals who provided a DNA sample to the CAL-DNA Data Bank but believe they are not required by law to have their DNA retained can apply. Eligibility criteria include having no qualifying felony charges or convictions, no duty to register as a sex or arson offender, and not having provided a DNA sample as part of a plea bargain.
What information do I need to provide on the DLE 244 form?
The form requires personal information such as your name, address, email, Social Security Number, date of birth, and identification numbers. You will also need to provide details about the DNA sample collection, including the date, location, and the crime associated with the sample.
What documentation is required to support my request?
Supporting documentation varies based on the grounds for your expungement request. This may include a letter from a District Attorney stating that no charges will be filed, court documents verifying the dismissal of charges, or proof of factual innocence. Ensure that any required documents are attached when submitting your application.
How do I submit the DLE 244 form?
The completed DLE 244 form, along with any supporting documentation, should be mailed to the CAL-DNA Data Bank Program at the address specified on the form. Ensure that you keep a copy of your submission for your records.
What happens after I submit the DLE 244 form?
After submission, the California Department of Justice will review your request and the accompanying documentation. They will determine whether you meet the eligibility criteria for expungement. You may receive a notification regarding the outcome of your request.
Can I appeal if my request for expungement is denied?
If your request for expungement is denied, you may have options to appeal or submit additional information. It is advisable to consult with a legal professional for guidance on the appeals process and potential next steps.
Is there a deadline for submitting the DLE 244 form?
There is no specific deadline mentioned for submitting the DLE 244 form. However, it is important to act promptly, as delays may affect your eligibility for expungement. Keeping track of any changes in your legal status may also be beneficial.
What privacy protections are in place for my information?
The information provided on the DLE 244 form is subject to privacy protections under California law. The Department of Justice maintains confidentiality and may only disclose your information to authorized entities, such as law enforcement agencies or legal representatives, as necessary for processing your request.
Filling out the California DLE 244 form can be a straightforward process, but many individuals make common mistakes that can lead to delays or denials. One frequent error is failing to provide accurate personal information. This includes not only the name but also the correct address, email, and Social Security Number. Incomplete or incorrect details can result in the California Department of Justice being unable to process the application.
Another mistake often made is neglecting to check the appropriate grounds for expungement. The form requires applicants to select a specific reason for their request and to attach relevant documentation. Many people overlook this step or fail to provide the necessary supporting documents, which can lead to an automatic rejection of the application.
Additionally, individuals sometimes misinterpret the eligibility criteria for expungement. For instance, if a person provided a DNA sample after a felony conviction, they may believe that having that conviction expunged qualifies them for removal from the DNA database. However, this is not the case. Misunderstanding these legal nuances can result in wasted time and effort.
Lastly, applicants often forget to sign and date the form. This step may seem trivial, but without a signature, the application is considered incomplete. It is essential to double-check that all sections are filled out correctly, including the declaration under penalty of perjury, to ensure that the request is valid.
When navigating the process of expunging a DNA sample from the California Department of Justice, it is often necessary to consider additional forms and documents that may support your application. Each of these documents serves a specific purpose and can enhance the clarity and strength of your request. Below is a list of commonly used forms that accompany the California DLE 244 form.
In conclusion, gathering the appropriate forms and supporting documents is essential when submitting the California DLE 244 form. Each piece of documentation plays a significant role in establishing your eligibility for DNA sample expungement. By ensuring that you have all necessary materials, you can strengthen your application and increase the likelihood of a favorable outcome.
The California DLE 244 form is designed for individuals seeking to expunge their DNA profiles from the state database. Several other documents serve similar purposes in different contexts. Here are five documents that share similarities with the DLE 244 form:
When filling out the California DLE 244 form, there are important dos and don'ts to keep in mind. Following these guidelines can help ensure your application is processed smoothly.
Here are eight common misconceptions about the California DLE 244 form, along with clarifications for each:
This form is specifically for individuals who believe they are not legally required to have their DNA retained in the CAL-DNA Data Bank. Only those who meet specific criteria can use it.
Submitting the form does not guarantee expungement. The California Department of Justice will review the request and determine eligibility based on the provided information.
This is false. If the conditions for expungement are met, individuals can request the removal of their DNA sample and profile.
Not necessarily. If the felony conviction has been expunged or dismissed, individuals may still qualify for removal of their DNA profile.
Documentation is required to support your request. Failing to provide the necessary paperwork can lead to denial of the expungement request.
The form can also be used by individuals who were arrested but not convicted, provided they meet the eligibility criteria for expungement.
The form must be mailed to the California Department of Justice. It cannot be submitted electronically.
Correct. If the DNA sample is destroyed following an approved expungement request, it cannot be reinstated or recovered.
Here are key takeaways regarding the California DLE 244 form: