John Cornyn: “I also would like to clarify which profiles states are required to have expunged from NDIS--the national-exchange…”

“I also would like to clarify which profiles states are required to have expunged from NDIS--the national-exchange database--as a condition of access. The bill allows States to upload anything that is collected ``under applicable legal authorities''--that is, that States or local governments collect under their own laws or policies. An exception is made, however, for two categories--unindicted arrestees and elimination-only samples. Then later, the bill provides that States must seek expungement of samples if, and I quote, ``the person has not been convicted of an offense of the basis of which that analysis was or could have been included in the index, and all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.'' It is my understanding that, just as what will now be U.S. Code subsection (d)(2)(A)(i) requires that a person's analysis be expunged if it was originally uploaded on the basis of a criminal conviction and that conviction is overturned, this new subsection (ii) will require the analysis of the acquitted arrestee (or one for whom charges have been dismissed) to be expunged--but only if the analysis originally was or could have been included because he was an arrestee.”