4209

(a) If an individual, either voluntarily or pursuant to a warrant or order of a court, has submitted a sample for DNA testing in connection with the investigation or prosecution of a crime and (i) no criminal action against the individual relating to the crime was commenced within applicable limitations period, or (ii) a criminal action was commenced against the individual relating to the crime which resulted in a complete acquittal, or (iii) a criminal action against the individual relating to the crime resulted in a conviction that was subsequently reversed or vacated, or for which the individual was granted a pardon, the individual may apply to the Superior Court of the Virgin Islands or to the court in which the judgment of conviction was originally entered for an order directing the expungement of any DNA record and any samples, analyses, or other documents relating to the DNA testing of the individual in connection with the investigation or prosecution of the crime.\n(b) A copy of the application must be served on the Attorney General, and an order directing expungement may be granted if the court finds that:\n(1) the individual has satisfied the conditions of this

) A copy of the application must be served on the Attorney General, and an order directing expungement may be granted if the court finds that:\n(1) the individual has satisfied the conditions of this subsection (a);\n(2) if a judgment of conviction was reversed or vacated, all appeals relating thereto have been concluded and the individual will not be retried; or\n(3) if a retrial has occurred, the trier of fact has rendered a verdict of complete acquittal, and that expungement will not adversely affect the investigation or prosecution of some other person or persons for the crime.\n(c) If an order directing the expungement of any DNA record and any samples, analyses or other documents relating to the DNA testing of the individual is issued, the record and any samples, analyses, or other documents may, at the discretion of the possessor thereof, be destroyed or returned to the individual or to the attorney who represented the individual in connection with the application for the order of expungement.