(a) Any person whose DNA record or profile has been included in the DNA Data Bank may request that it be eliminated upon an allegation that the conviction that produced the inclusion of the DNA record in the DNA Data Bank has been revoked and the case has been dismissed. The person per se, or through an attorney, may request the court to eliminate the DNA record. A copy of the request for its destruction shall be served on the corresponding district attorney according to his/her jurisdiction, no less than twenty (20) days prior to the date for the hearing related to this request. A certified copy of the judicial brief by which the conviction is revoked or dismissed shall be attached to the order that decrees the destruction of the DNA record or profile, to the extent its inclusion rests on said conviction.\n(b) Upon receipt of a court order decreeing its elimination, and unless otherwise provided, the Institute shall eliminate the record or other information identified therein from the DNA Data Bank, and shall return the sample to the person for disposal.\nHistory —July 24, 1998, No. 175, § 13.
Puerto Rico Legal Code