In order to have your DNA sample expunged you must meet one of two requirements.
1. The charges were dismissed, the case was acquitted, or the conviction for the offense was not a felony. You must have a final written court order reflecting this outcome.
2. No charges are filed or a felony charge was not filed within ninety days of your arrest.
Requesting the Expungement
If you are eligible to expunge your DNA you must then provide a written request to the Colorado Bureau of Investigation (CBI). Upon receiving such a request, the CBI is required to verify the status of felony charges with the district attorney and then destroy the DNA sample within 90 days. Additionally, the CBI will expunge the results of the testing from the Federal Combined DNA Index System (CODIS) and any state index system, unless the bureau receives written notification from the district attorney that you do not qualify for expungement. The CBI is required to notify you either that the DNA sample has been destroyed and the results expunged or explain why the sample will not be destroyed and the results expunged. Mail your request to:
Colorado Bureau of Investigation
DNA Database Section
690 Kipling Street, Suite 4000
Denver, CO 80215