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A statute authorizing a judge to declare a defendant “factually innocent” of a charged crime also requires that any fingerprint specimens taken by police be destroyed, this district’s Court of Appeal has ruled.

Div. One Tuesday reversed Los Angeles Superior Court Judge Stephen Marcus’ ruling that police may keep the fingerprints of former Beverly Hills Unified School District facilities director Karen Christiansen on record.

Marcus had granted Christiansen’s motion that she be declared factually innocent, under Penal Code §851.8, of a felony conflict-of-interest charge under Government Code Sec. 1090. Marcus also ordered destruction of a post-conviction DNA sample, but accepted prosecutors’ arguments that fingerprints aren’t subject to destruction under the statute.

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