Does Prop 47 Allow Expungement of Juvenile DNA Profile?

Penal Code § 299 allows one to request destruction of one’s DNA sample and DNA profile from the State of California’s DNA databank. If a juvenile petition is sustained against a person accused of a misdemeanor, the juvenile does not need to submit a DNA sample. However, if a felony petition is sustained (analogous to a felony conviction), the juvenile must provide a DNA sample for the state’s databank. What happens to the DNA sample and DNA profile if someone has a felony adjudication as a juvenile reduced under Prop 47 from a felony to a misdemeanor? Is it destroyed? This question was posed by two juveniles in separate proceedings, but consolidated into one case that a court of appeal tackled. What was their answer? To read a short summary of the cases, click on the following link.

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