NC H1403

Requires DNA samples via cheek swab from any person arrested for serious offenses including murder, rape, burglary, robbery, arson, kidnapping, human trafficking, and sex offenses requiring registration, as well as attempts and conspiracies to commit these crimes.

Establishes DNA sample collection at time of arrest or fingerprinting, with samples stored in the State DNA Databank and records maintained in the State DNA Database administered by the State Bureau of Investigation (SBI).

Permits expungement of DNA records and destruction of samples if charges are dismissed, defendant is acquitted, conviction is for a lesser-included misdemeanor, or no charges filed within statute of limitations or three years pass with no active prosecution.

Requires district attorneys to verify qualifying events for expungement within 30 days and notify defendants of expunction results; defendants may file motions to challenge denials or failures to act within prescribed timeframes.

Increases penalties for unauthorized disclosure or access to DNA information from Class 1 misdemeanor to Class H felony; becomes effective February 1, 2011.