42 U.S.C. § 14132 : US Code - Section 14132: Index to facilitate law enforcement exchange of DNA identification information

    (a) Establishment of index
      The Director of the Federal Bureau of Investigation may establish
    an index of - 
        (1) DNA identification records of - 
          (A) persons convicted of crimes;
          (B) persons who have been charged in an indictment or
        information with a crime; and
          (C) other persons whose DNA samples are collected under
        applicable legal authorities, provided that DNA samples that
        are voluntarily submitted solely for elimination purposes shall
        not be included in the National DNA Index System;

        (2) analyses of DNA samples recovered from crime scenes;
        (3) analyses of DNA samples recovered from unidentified human
      remains; and
        (4) analyses of DNA samples voluntarily contributed from
      relatives of missing persons.
    (b) Information
      The index described in subsection (a) of this section shall
    include only information on DNA identification records and DNA
    analyses that are - 
        (1) based on analyses performed by or on behalf of a criminal
      justice agency (or the Secretary of Defense in accordance with
      section 1565 of title 10) in accordance with publicly available
      standards that satisfy or exceed the guidelines for a quality
      assurance program for DNA analysis, issued by the Director of the
      Federal Bureau of Investigation under section 14131 of this
      title;
        (2) prepared by laboratories that - 
          (A) not later than 2 years after October 30, 2004, have been
        accredited by a nonprofit professional association of persons
        actively involved in forensic science that is nationally
        recognized within the forensic science community; and
          (B) undergo external audits, not less than once every 2
        years, that demonstrate compliance with standards established
        by the Director of the Federal Bureau of Investigation; and

        (3) maintained by Federal, State, and local criminal justice
      agencies (or the Secretary of Defense in accordance with section
      1565 of title 10) pursuant to rules that allow disclosure of
      stored DNA samples and DNA analyses only - 
          (A) to criminal justice agencies for law enforcement
        identification purposes;
          (B) in judicial proceedings, if otherwise admissible pursuant
        to applicable statutes or rules;
          (C) for criminal defense purposes, to a defendant, who shall
        have access to samples and analyses performed in connection
        with the case in which such defendant is charged; or
          (D) if personally identifiable information is removed, for a
        population statistics database, for identification research and
        protocol development purposes, or for quality control purposes.
    (c) Failure to comply
      Access to the index established by this section is subject to
    cancellation if the quality control and privacy requirements
    described in subsection (b) of this section are not met.
    (d) Expungement of records
      (1) By Director
        (A) The Director of the Federal Bureau of Investigation shall
      promptly expunge from the index described in subsection (a) of
      this section the DNA analysis of a person included in the index -
      
          (i) on the basis of conviction for a qualifying Federal
        offense or a qualifying District of Columbia offense (as
        determined under sections 14135a and 14135b of this title,
        respectively), if the Director receives, for each conviction of
        the person of a qualifying offense, a certified copy of a final
        court order establishing that such conviction has been
        overturned; or
          (ii) on the basis of an arrest under the authority of the
        United States, if the Attorney General receives, for each
        charge against the person on the basis of which the analysis
        was or could have been included in the index, a certified copy
        of a final court order establishing that such charge has been
        dismissed or has resulted in an acquittal or that no charge was
        filed within the applicable time period.

        (B) For purposes of subparagraph (A), the term "qualifying
      offense" means any of the following offenses:
          (i) A qualifying Federal offense, as determined under section
        14135a of this title.
          (ii) A qualifying District of Columbia offense, as determined
        under section 14135b of this title.
          (iii) A qualifying military offense, as determined under
        section 1565 of title 10.

        (C) For purposes of subparagraph (A), a court order is not
      "final" if time remains for an appeal or application for
      discretionary review with respect to the order.
      (2) By States
        (A) As a condition of access to the index described in
      subsection (a) of this section, a State shall promptly expunge
      from that index the DNA analysis of a person included in the
      index by that State if - 
          (i) the responsible agency or official of that State
        receives, for each conviction of the person of an offense on
        the basis of which that analysis was or could have been
        included in the index, a certified copy of a final court order
        establishing that such conviction has been overturned; or
          (ii) the person has not been convicted of an offense on the
        basis of which that analysis was or could have been included in
        the index, and the responsible agency or official of that State
        receives, for each charge against the person on the basis of
        which the analysis was or could have been included in the
        index, a certified copy of a final court order establishing
        that such charge has been dismissed or has resulted in an
        acquittal or that no charge was filed within the applicable
        time period.

        (B) For purposes of subparagraph (A), a court order is not
      "final" if time remains for an appeal or application for
      discretionary review with respect to the order.