| (1) | A person who wishes to have his or her forensic DNA profile removed, must apply for a police clearance certificate on a form determined by the National Commissioner to confirm that he or she has no criminal record. |
| (2) | The police clearance certificate that indicates that the person has no criminal record, must be attached to the written application for the removal of the forensic DNA profile. The application must be made on the form determined by the National Commissioner. |
| (3) | The application must contain the— |
| (a) | complete particulars of the applicant; |
| (b) | reason why the buccal sample was originally obtained from the person; |
| (c) | relevant station and CAS/ICDMS number if a forensic DNA profile was derived from a buccal sample that was taken in respect of the investigation; and |
| (d) | reason why the applicant wants it removed. |
| (4) | The Director General: Department of Justice and Constitutional Development or person designated by him or her must inform the authorised officer of convictions pardoned in terms of section 84(2) (j) of the Constitution of the Republic of South Africa, 1996. The authorised officer or designated officer must ensure that criminal records which have been pardoned are expunged. |
| (5) | If a buccal sample has been taken from a person who was not arrested, because it was believed that the forensic DNA profile of that person may be of value to include or exclude that person as the perpetrator of the crime, the investigating officer must, within 30 days after the finalisation of the case, inform the section head: Forensic Database Management in the Division: Forensic Services of the outcome. |
| (6) | If the person is included in the investigation of a case, the forensic DNA profile of that person must remain in the Investigative Index of the NFDD until the finalisation of the case. |
If a person is excluded from the investigation of a case or acquitted, the forensic DNA profile of that person must be removed from the Investigative Index of the NFDD within 30 days after receiving notification from the investigating officer that the case has been finalised. The investigating officer must, within 30 days after the finalisation of the case, inform the authorised officer of the outcome to enable him or her to remove the forensic DNA profile of that person, to enable the investigating officer to inform him or her in writing accordingly.
