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Lawfully Owed DNA

Last Updated: December 2017
Arrest Does the law require a DNA sample to be collected from an individual when they are arrested for a crime? What crimes require collection of a DNA sample at arrest? Does the law mandate when the DNA sample must be collected after arrest? What agency collects the arrest DNA sample? What agency manages the analysis and preservation in the DNA database? Can the arrest DNA sample be expunged?
Alabama

Yes, from adults and juveniles

Felonies; any sexual offense; any offense requiring registration as a Sex Offender

At booking, or at arrest

The Alabama Department of Forensic Sciences

The Alabama Department of Forensic Sciences

Yes. An individual must petition court circuit court.

Alaska

Yes, from adults only 

Felonies, or misdemeanor, or a “crime against a person”

At booking

Department of Public Safety, including, “juvenile or adult correctional, probation, or parole officers or a peace officer”

Department of Public Safety

Yes. Upon written request to Dept of Public Safety, accompanied with a court order.

Arizona

Yes, adults and juveniles

Adults: All felonies

Juveniles: Only enumerated crimes of murder, burglary, sex offenses

At booking 

Corrections officials may collect on behalf of Department of Public Safety

Department of Public Safety 

An individual must petition court to remove if no charges were filed, if case dismissed, or if the defendant was acquitted.

Arkansas

Yes, adults and juveniles, if charged as an adult.

Felonies

At booking, or at first court appearance for the enumerated offenses; or while incarcerated and new charges a

An "enforcement official or corrections officer"

State Crime Laboratory

An individual must petition the court.

California

Yes, from adults and juveniles

Felonies

At booking

Department of Corrections and Rehabilitation

Department of Justice, DNA Laboratory

An individual must petition the court.

Colorado

Yes, from adults

Felonies

At booking: May collect a “Sample Analysis”

After Probable Cause Hearing: May analyze the DNA sample

Or, if collection is impractical at the above time, may collect at any other time during detention or pendency of charges

The arresting law enforcement agency

Colorado Bureau of Investigation

An individual may submit a written request to Colorado Bureau of Investigation, after case dismissed, no charges filed, or plea to a lesser misdemeanor

Connecticut

Yes, from adults and juveniles

Serious felonies, or misdemeanors if defendant has a prior felony conviction and no sample on file; or crimes against a minor

"Prior to release from custody,” per law enforcement agency’s policies

The “law enforcement agency;” or Department of Corrections

Division of Scientific Services, in the Department of Emergency Services and Public Protection

Automatically, if charges are dropped

Delaware

No

N/A

N/A

N/A

N/A

N/A

District of Columbia

No.

N/A

N/A

N/A

N/A

N/A

Florida

Yes, from adults and juveniles. 

Felonies, including attempts, under the following schedule:

1. By 1/1/2011 all felonies in chapters 782, 784, 794, and 800.

2. By1/1/2013, all felonies in chapters 810 and 812

3. By 1/1/2015, all felonies in chapters 787 and 790.

4. By 1/1/2017, all felonies in chapter 893.


5. By 1/1/2019, all other felonies

Enumerated Misdemeanors: Stalking, Voyeurism, Prohibition of certain acts in connection with obscene, lewd, etc., materials; Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations; Computer pornography; prohibited computer usage; traveling to meet minor; penalties; Direct observation, videotaping, or visual surveillance of customers in merchant's dressing room, etc., prohibited; penalties, certain gang activities.

At booking

Department of Law Enforcement; or if qualifying offender is incarcerated the “entity responsible for the jail or facility shall ensure that a DNA sample is promptly secured and transmitted to the department."

Department of Law Enforcement by their internal policies

Yes, individual must provide written request and proof of the following: a certified copy of the No Information or Nolle Prosequi filed by the state attorney, or final court order or other official showing charge was dismissed; or acquittal; or no charge filed.

Georgia

No.

N/A

N/A

N/A

N/A

N/A

Hawaii

No.

N/A

N/A

N/A

N/A

N/A

Idaho

No.

N/A

N/A

N/A

N/A

N/A

Illinois

Yes, from adults and juveniles

Enumerated felonies: First degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault

Within 14 days after an indictment from a grand jury; or after a probable cause hearing

A qualified physician under the instruction of the Illinois Department of State Police

The Illinois Department of State Police, Division of Forensic Services

Automatically 

Indiana

Yes, from adults 

Felonies - if arrested after Dec. 31, 2017

At booking the sample may be collected;

May not analyze unless there was a warrant or probable cause was found

Department of Correction

Superintendent of State Police

An invidual may submit a written request to State Police with supporting documents to show case was dismissed or charges dropped.

Iowa

No.

N/A

N/A

N/A

N/A

N/A

Kansas

Yes, from adults and juveniles

Felonies

At booking, “or as soon as practicable"

The custodial law enforcement agency, or juvenile justice agency

Kansas Bureau of Investigation

An individual must petition the court to expuge the record if the trial court determines no probable cause, or if the case was dismissed.

Kentucky

No. 

N/A

N/A

N/A

N/A

N/A

Louisiana

Yes, from adults and juveniles

Felonies, or felony-grade delinquent act, including attempt, conspiracy, criminal solicitation, or accessory after the fact

At booking

A person “authorized to take samples”, then transfers to State Police

The State Police will develop policies and procedures

An individual must submit written request to state police, with a court order of expunge-ment and sealing.

Maine

No.

N/A

N/A

N/A

N/A

N/A

Maryland

Yes, from adults and juveniles

Felonies or misdemeanors if “a crime of violence” or burglary; includes attempts

At the time of charging; but no testing or entry into DNA database before the first arraignment date without consent

Department of State Police, at a facility designated by the Secretary

Department of State Police

Automatically, if no probable cause for charges or if case dismissed

Massachusetts

No.

N/A

N/A

N/A

N/A

N/A

Michigan

Yes, from adults and juveniles

Felonies

After charging

The county sheriff or the investigating law enforcement agency, as ordered by the court .

Department of State Police 

If no charges the sample will not be transferred. Or law enforcement agency or prosecutor must request destruction or expunge-ment if charge dismissed or acquittal.

Minnesota

Currently Under Court Review - Yes, from adults and juveniles

Enumerated felonies: Murder, manslaughter, assault, robbery, kidnapping, false imprisonment; minal sexual conduct; indecent exposure; incest; burglary

After probable cause hearing

“Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken."

Bureau of Criminal Apprehension

An individual may submit a written request to Bureau of Criminal Apprehension

Mississippi

Yes, from adults

A “crime of violence” including: murder, burglary, robbery, kidnapping, rape; sexual battery, human trafficking

At booking

Collected by the jail or corrections personnel and then transferred to Mississippi

Mississippi Forensics Laboratory

An individual must petition the court to direct the Forensics Crimes Laboratory to destroy the DNA sample

Missouri

Yes, from adults  

Burglary in the 1st or 2nd degree;

Felony and misdemeanors, if: crimes against the person; sexual offenses; prostitution offenses; crimes against the family; and pornography

At booking

Missouri State Highway Patrol and Department of Corrections

Department of Public Safety

An individual may submit a written request, accompanied with the court order of expungement

Montana

No. 

N/A

N/A

N/A

N/A

N/A

Nebraska

No.

N/A

N/A

N/A

N/A

N/A

Nevada

Yes, from adults

Felonies

At booking, and before leaving custody

The law enforcement agency

State forensic laboratory

If no probable cause, then the court will request destruction of the DNA sample

New Hampshire

No. 

N/A

N/A

N/A

N/A

N/A

New Jersey

Yes, from adults and juveniles

Enumerated felonies: Murder; Manslaughter, Second Degree Aggravated Assault, Kidnapping, Luring or Enticing a Child; Sexual conduct that Impairs or Debauches the morals of a child pursuant, or charges of attempt

Prior to release

State Police

State Police, Bureau of Identification

An individual may submit a written request to State Police with a court order of expungement 

New Mexico

Yes, from adults, or a juvenile previously convicted as a youthful offender or serious youthful offender

Felony

At booking

Department of Corrections

Department of Public Safety, based on rules established by the DNA Oversight Committee

An individual may submit a written request if the criminal case ended in: nolle prosequi, successful completion of a pre-prosecution diversion program; no charges, or charges reduced to a misdemeanor, or no charges within a year of arrest; or acquittal 

New York

No. 

N/A

N/A

N/A

N/A

N/A

North Carolina

Yes, from adults

Enumerated felonies: Murder 1st and 2nd Degree; certain Assaults; Robbery; Burglary;

Any sex offense, both felony and misdemeanor

If Arrest Warrant: at booking;

 If No Arrest Warrant: after probable cause hearing

Law enforcement

North Carolina State Crime Laboratory of the Department of Justice, based on its retention policies

Automatically, and this applies to lesser included offenses, if not one of the enumerated offenses

North Dakota

Yes, from adults

Felonies

At booking, or first court appearance

Law enforcement officer, or correctional personnel

[* "samples may be held and preserved by the collecting agency until sufficient funding becomes available to test"] Attorney General

An individual must petition court if case was acquitted, dismissed, plead to lesser included  misdemeanor charge; or if felony charges were never brought

Ohio

Yes, from adults and juveniles

Felonies

If arrested: At intake process at jail, corrections facility, police station;

If court summons: court will order submission DNA within 24 hours of court appearance

The head of the arresting law enforcement agency – sheriff or deputy sheriff is responsible

Bureau of Criminal Identification and Investigation

"Upon request"

Oklahoma

Yes, from adults

Felonies

At booking; but shall not be analyzed unless:

Arrest warrant issued; or

Probable Cause hearing; or

Defendant failed to make court appearance

Department of Corrections, or a peace officer

Oklahoma State Bureau of Investigation (OSBI)

Automatically if no charges filed, or the case is dismissed

Oregon

No.

N/A

N/A

N/A

N/A

N/A

Pennsylvania

No. 

N/A

N/A

N/A

N/A

N/A

Rhode Island

Yes, from adults

"Any crime of violence,” including: murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree sexual assault, first- and second-degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

At booking

The “arresting authority”

Department of Health

Automatically, if charge is not supported by probable cause

South Carolina

Yes, from adults and juveniles

Felonies;

Also, if adult: eavesdropping, peeping, stalking

At booking, or in courthouse after indictment, or other location when the taking of fingerprints is required prior to a conviction

Law enforcement agency or corrections agency with custody

South Carolina Law Enforcement Division (SLED)

Automatically. State's solicitor must notify SLED that case was nolle prossed, dismissed, reduced to a misdemeanor

South Dakota

Yes, from adults and juveniles

Felonies, and misdemeanors if crime of violence and sexual offenses

At booking

The agency with custody of the individual

South Dakota State Forensic Laboratory

The prosecution must notify Department of Health to destroy records if no charges are filed, no indictment, or if the case is dismissed.

Tennessee

Yes, from adults and juveniles

Violent felonies

After probable cause hearing and before release

The arresting authority

Tennessee Bureau of Investigation, forensic services division

Automatically. The court clerk must notify the Tennessee Bureau of Investigation to expunge the DNA sample.

Texas

Yes, from adults and juveniles

Enumerated felonies for family violence, sexual assault, trafficking in persons, child abuse, aggravated kidnapping, indecency with a child, assaults, prohibited sexual contact (incest), continuous sexual abuse of a child; compelling prostitution; or Class A Misdemeanors

At arraignment or booking, or at indictment if collection is not based on prior convictions

A “criminal justice agency”

Department of Public Safety

Automatically

Utah

Yes, from adults and juveniles

Violent felonies

At booking: may collect DNA sample;

After probable cause hearing, or indictment: may upload DNA sample to database

Department of Corrections if in custody, or law enforcement agency

Department of Public Safety

Automatically – state must destroy if no charges filed in 90 days;

Or

Individual must petition the court if charges are dismissed or acquitted 

Vermont

No.

N/A

N/A

N/A

N/A

N/A

Virginia

Yes, from adults

Violent felonies

After a probable cause hearing and before released from custody

State Police, or Department of Corrections

Department of Forensic Science

Automatically; the clerk of the court notifies Dept Forensic Science if case dismissed, acquitted, or if charges were dropped

Washington

No.

N/A

N/A

N/A

N/A

N/A

West Virginia

No.

N/A

N/A

N/A

N/A

N/A

Wisconsin

Yes, from adults and juveniles

A "violent crime, ” or felony-level offenses

At booking, but may not upload unless arrested due to a warrant, or until after probable cause hearing

A law enforcement agency

Department of Forensic Science

An individual may petition the court if case dismissed, no charges files after a year, or after acquittal

Wyoming

No. 

N/A

N/A

N/A

N/A

N/A


Conviction Does the law require a DNA sample to be collected from the defendant when they are convicted of a crime? What convictions require collection of a DNA sample? Does the law require DNA collection when a defendant is found not guilty by reason of insanity/mental defect/illness? Does the law mandate when the DNA sample must be collected after conviction? What agency collects the DNA sample after conviction? What agency manages the analysis and preservation in the DNA database? Can the conviction DNA sample be expunged? Statutes
Alabama

Yes, from adults and adjudicated juveniles

Felony convictions and sentencing

N/A

"When ordered by sentencing court" or "upon request of (Forensic Sciences) director," or for consideration of parole or probation

Department of Corrections

The Alabama Department of Forensic Sciences

An individual must petition court circuit court upon reversal of conviction.

Ala.Code 1975 § 36-18-22. Powers of director.

Ala.Code 1975 § 36-18-24. DNA database

Ala.Code 1975 § 36-18-25. Collection of DNA samples from convicted persons.

Ala. Code 1975 § 36–18–26. Expungement of DNA Records.

Alaska

Yes, adults and adjudicated juveniles

Felonies, or ordinances that are a “crime against a person”

Yes.

Unclear

The Department of Public Safety- a “juvenile or adult correctional, probation, or parole officer, or a peace officer”

The Department of Public Safety

Yes. An individual may submit a written request to Department of Public Safety, with a court order for expungement.

AS §44.41.035 DNA Identification System

Arizona

Yes, adults and adjudicated juveniles

Adults: All felonies 

Adjudicated juveniles: Only enumerated crimes of burglary, murder, and sex offenses including offenses requiring sex offender registration

Yes, for sex offender registry eligible offenses

Within 30 days of incarceration, or of conviction and sentencing to parole/probation

Corrections officials may collect on behalf of Department of Public Safety

Department of Public Safety 

An individual must submit a written request to the Department of Public Safety, and show that case was overturned on appeal or vacated.

However, Department of Public Safety must hold samples for 35 years

A.R.S. § 13-610. DNA Testing

Arkansas

Yes, adults, and juveniles convicted as an adult

Felonies; misdemeanors; and all sex offenses

Unclear

If not at arrest, or first appearance in court, then after plea of guilty or nolo contendre the court will order DNA sampling

An enforcement official or corrections official

State Crime Laboratory

An individual must petition court for expungement;

May also request expungement if convicted of lesser included misdemeanor offense

§12-12-1006. Fingerprinting, DNA Sample Collection, and Photographing;

§12-12-1019. Removal and destruction of the DNA record and DNA sample

§12-12-1105. State DNA Data Base

California

Yes, from adults and adjudicated juveniles.

Felonies and any offense requiring sex offender registry

Yes

If not already taken at arrest, then “as soon as administratively practicable” or upon court order at sentencing.

Department of Corrections and Rehabilitation

Department of Justice, DNA Laboratory

An individual must submit a written request to Department of Justice CODIS Administrator, as well as to the county court and the county prosecutor.

Cal. Penal Code § 295Short title; findings and intent; administration and implementation of chapter; responsibility for collection of specimens, samples and imprints; costs and funds

 

Cal. Penal Code § 299. Reversal, dismissal or acquittal; request for expungement of information; procedure; specimens from persons no longer considered suspects

Colorado

Yes, from adults 

Felonies

N/A

If not at arrest, then "an appropriate agency may collect a sample at any other time during the adult's detention or during the pendency of charges

Department of Corrections

Colorado Bureau of Investigation

An individual may submit a written request to Colorado Bureau of Investigation, after the case is dismissed, or no charges filed, or the individual took a plea to a lesser misdemeanor.

§16–23–104. Collection and Testing

§16–23–105. Expungement

Connecticut

Yes, from adults and adjudicated juveniles

Felonies; sexual offenses, or any crime against a minor

Yes

If incarcerated, prior to release from custody; or at a time and date specified by Court Support Services Division of the Judicial Department

Department of Corrections; Court Support Services Division of the Judicial Department; or the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services

Division of Scientific Services, in the Department of Emergency Services and Public Protection

Automatically by the court

C.G.S.A. § 54-102g. Blood or other biological sample required from certain arrested or convicted persons for DNA analysis

C.G.S.A. § 54–102h. Procedure for Collection of Blood or Other Biological Sample for DNA ;§ 54–102i. Procedure for Conducting DNA Analysis of Blood or Other Biological Sample

C.G.S.A. § 54–102L Expungement of DNA Data Bank Records and Destruction of Samples

Delaware

Yes, adults and adjudicated juveniles

Felonies

N/A

At time and place of sentencing

Department of Correction

Division of Forensic Science

An individual must petition court if conviction reversed or case dismissed.

Division of Forensic Science must destroy upon receipt of court order.

29 Del.C. § 4713. DNA analysis and data bank

District of Columbia

Yes, from adults.

Felonies, and any conviction the sentence is over one year.

N/A

If incarcerated: At intake; or if under community supervision by Community Supervision Officer

Court Services & Offender Supervision Agency, by Offender Processing Unit (OPU); or the Community Supervision Officer (CSO)

Federal Bureau of Investigation's CODIS

An individual must petition the court.

DC ST § 22-4151. Qualifying offenses

Pub.L. 106–546, § 4, 114 Stat. 2726, 2730. DNA Analysis Backlog Elimination Act of 2000

Florida

Yes, from adults and adjudicated juveniles. 

Felonies, including attempts, under the following schedule:

1. By 1/1/2011 all felonies in chapters 782, 784, 794, and 800.

2. By1/1/2013, all felonies in chapters 810 and 812

3. By 1/1/2015, all felonies in chapters 787 and 790.

4. By 1/1/2017, all felonies in chapter 893.


5. By 1/1/2019, all other felonies

Enumerated Misdemeanors: Stalking, Voyeurism, Prohibition of certain acts in connection with obscene, lewd, etc., materials; Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations; Computer pornography; prohibited computer usage; traveling to meet minor; penalties; Direct observation, videotaping, or visual surveillance of customers in merchant's dressing room, etc., prohibited; penalties, certain gang activities.

N/A

Upon conviction while in custody and will not be released without obtaining a sample

Department of Law Enforcement; or if qualifying offender is incarcerated the “entity responsible for the jail or facility shall ensure that a DNA sample is promptly secured and transmitted to the department." 

Department of Law Enforcement by their internal policies

An individual must provide written request and proof of the following: a certified copy of a final court order establishing that such conviction has been overturned on direct appeal or set aside in a postconviction proceeding. 

F.S.A. § 943.325. DNA database

Georgia

Yes, from adults.

Felonies

N/A

Upon “entering the detention facility or being placed on probation”

Department of Corrections

Georgia Bureau of Investigation, Division of Forensic Sciences

An individual must petition the court

GA ST § 35-3-160. Samples required; storage in DNA data bank

GA ST § 35-3-165. Expungement of records

Hawaii

Yes, from adults 

Felonies

Yes

If incarcerated, testing is immediate.

If not incarcerated, testing is within 30 days notice of testing.

Department of Corrections or Law enforcement

The Attorney General

An individual may petition to the trial court for expungement.

HI ST § 844D-31. Offenders subject to collection;

HRS § 844D-71.Expungement of DNA information from state DNA database and data bank identification program

HI ST § 844D-72. Destruction of samples and expungement of searchable DNA database profile,

Idaho

Yes, from adults and juveniles charged as adults

Felonies, and misdemeanors that require sex offender registration

N/A

At some time while incarcerated or after conviction or guilty plea

Idaho State Police, or the “chief administrative officer of any state or local detention facility, jail or other facility

Idaho State Police, Bureau of Forensic Science

An individual must petition the court and serve all parties showing certified copy of court order reversing and dismissing the case.

 ID ST § 19-5506. Scope of law--Offenders subject to sample collection--Early collection of samples—Restitution 

ID ST § 18-8304. Application of chapter--Rulemaking authority; ID ST § 19-5513 Expungement of information

Illinois

Yes, from adults and adjudicated juveniles

Enumerated felonies: Aggravated Criminal Sexual Abuse, Indencent Solication of a Child, Sexual Exploitation of a child; Incest, Patronizing a minor engaged in prostitution, First Degree Murder, Second Degree Murder, Kidnapping, Aggravated Kidnapping, Robbery, Aggravated Robbery, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, possession of burglary tools, home invasion

Enumerated misdemeanors: Criminal Sexual Abuse, Sexual Exploitation of a Child

Yes, or if “institutionalized as a sexually dangerous person"

If incarcerated, will submit prior to release, or prior to discharge from parole or mandatory supervision

Illinois Department of State Police, or Department of Corrections

Illinois Department of State Police

Upon receipt from the court of notice of conviction reversal for actual innocence, the DNA sample will be removed by the Illinois Department of State Police.

730 ILCS 5/5-4-3. § 5-4-3. Specimens; genetic marker groups

Indiana

Yes, from adults 

Felonies

N/A

Within 45 days after sentencing or disposition at a collection site

Department of Correction

Superintendent of State Police

An individual may submit a written request to the State Police with the supporting documentation of a court order showing case was reserved and dismissed; or in cases where all felonies were converted to misdemeanors.

13–6–8 Powers and Duties of Superintendent

10–13–6–10 Convicted Felons to Provide DNA Sample;

10–13–6–18 Removal of DNA Profile

Iowa

Yes, from adults and adjudicated juveniles

Felonies, and “aggravated misdemeanors” or required to register as a sexually violent predator

Yes

If incarcerated, then as soon as practicable; or

If not incarcerated, then “the supervising agency shall determine the date and time to collect the DNA sample."

An agent of the Division of Criminal Investigation

Department of Public Safety, Division of Criminal Investigation

An individual may submit a written request with proof of reversal of conviction and dismissal of the criminal case to the Department of Public Safety.

81.2. Persons Required to Submit a DNA Sample

81.9. Expungement of DNA Record

Kansas

Yes, from adults and adjudicated juveniles

Felonies, and enumerated misdemeanors: Lewd and lascivious behavior, Cruelty to animals, Adultery, Buying sexual relations; Sexual battery; aggravated sexual battery, Conspiracy; Criminal solicitation

N/A

Prior to final discharge or release

Kansas Bureau of Investigation

Kansas Bureau of Investigation

An individual must petition the court to expunge the record if the case is overturned, or there is a verdict of acquittal.

K.S.A. 21-2511. Collection of biological samples, fingerprints and other identifiers from certain persons; Kansas bureau of investigation, powers and duties; expungement of sample and profile record; failure to provide sample, penalties; other unlawful acts

Kentucky

Yes, from adults and adjudicated juveniles

Felonies; 

Enumerated misdemeanors: Incest or sexual offense requiring sex offender registration

N/A

By “authorized personnel” or if released from custody after sentencing report immediately to parole or probation for collection.

Department of Kentucky State Police

Department of Kentucky State Police Forensic Laboratory

An individual must provide a written request and court order showing that the case was reversed and dismissed; or that individual completed a pre-trial diversion program and charges were dismiss-diverted.

KRS § 422.285. Person convicted of certain offenses may Request DNA testing; right to counsel; deposit; court orders; cost; access to reports; preservation of evidence; dismissal; hearing when results favorable to petitioner;

KRS § 17.175. Centralized database for DNA identification records; analysis and classification of evidence; exemption from KRS 61.870 to 61.884; expungement of information and destruction of DNA sample; penalty for unlawful use of DNA database identification system

Louisiana

Yes, adults and adjudicated juveniles

Felonies- includes adjudications, including an attempt, conspiracy, criminal solicitation, or accessory after the fact

N/A

If sentenced: booking, incarceration, or confinement; or immediately after sentencing at a prison, jail unit, juvenile facility, or other facility to be specified by the court.

Deparment of Corrections

State Police

An individual may submit a written request to the State Police with a court order for expungement.

LSA-R.S.15:609. Drawing or taking of DNA samples;

 

LSA-R.S. 15:610. Procedures for withdrawal, collection, and transmission of DNA Samples

Maine

Yes, from adults and juveniles

Enumerated felonies: Murder, Class A, B or C crimes;  Sexual abuse of a minor; Unlawful sexual contact; Visual sexual aggression again; Sexual contact with a child under Sexual contact with a child under 14 years of age; Soliciation of a child by a computer to commit a prohibited act; Solicitation of a child to commit a prohibited act on or after October 1, 2012; any lesser included offense; 

Enumerated felonies for minors: Murder;Felony murder; Manslaughter; Aggravated assault; Elevated aggravated assault; Gross sexual assault; Unlawful sexual contact; Kidnapping; Criminal restraint; Burglary; Robbery; Arson; Aggravated criminal mischief; causing a catastrophe; 

And lesser included offenses if higher offenses were initially charged
 

N/A

May be taken at any time during the period of incarceration; or if no incarceration- may occur during period of probation or parole

Department of Corrections

Chief of the State Police

An individual must petition the court for expungement due to reversal and dismissal of case, and court notifies the Chief of State Police. 

§ 1573. Responsibility for DNA Identification Record System; Procedural Compatibility with the FBI;

 

§ 1575. Procedure for Collection of Biological Sample for DNA Analysis;

 

§ 1577. DNA Records

Maryland

Yes, from adults 

Felonies; or Burglary in the 4tt Degree, or Breaking and Entering Motor Vehicle

N/A

At sentencing or on intake to a correctional facility

Department of Corrections, or Department of State Police

Department of State Police

Automatically, if individual's conviction is reversed or pardoned

MD Code, Public Safety, § 2-504. Collection of DNA samples;

MD Code, Public Safety, § 2-511. Destruction or expungement of DNA information

Massachusetts

Yes, from adults and adjudicated juveniles

An offense punishable by imprisonment in state prison, or adjudication.

N/A

Submit a DNA sample to the department within 1 year conviction or adjudication or, if incarcerated, before release from custody, whichever occurs first

Department of Corrections, State Police

Department of State Police

An individual must petition superior court if case was reversed and dismissed; Must wait one year to apply for expungement

M.G.L.A. 22E§ 3. Submission of DNA Sample;

§ 6. Filing and Storage of DNA Records;

§ 15. Expungement of Record

Michigan

Yes, from adults and adjudicated juveniles

Felonies – for both adult and juveniles;

Enumerated Misdemeanors: Disorderly person by a window; peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution, indecent exposure, first and second prostitution violations, leasing a house for purposes of prostitution.

N/A

If not collected on arrest, then a law enforcement agency or state agency shall obtain a sample at or after sentencing or disposition.

An investigating law enforcement agency, prosecuting agency, or court

Department of State Police 

Automatically. The arresting agency has burden to request the destruction of the DNA sample

M.C.L.A. 750.520m. DNA identification profiling; individuals required to provide samples for chemical testing; existing sample; collection, transmission, and forwarding of samples; assessment

M.C.L.A. 28.176. DNA identification profile; retention; disclosure collection and forwarding of samples; notice; assessment; report; disposal of sample and profile; circumstances, manner, record, and notice; good-faith errors

Minnesota

Yes, from adults and adjudicated juveniles

Felonies; and

If conviction originated as a felony-level offense and conviction is a lesser-included misdemeanors

N/A

If not taken at arrest, then upon sentencing or adjudication

"Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken."

 Bureau of Criminal Apprehension

An individual must submit a written request in cases where the conviction was reversed and criminal case dismissed.

M.S.A. § 609.117.DNA analysis of certain offenders required

M.S.A. § 299C.105. DNA data required

Mississippi

Yes, from adults

Felonies, and convictions for any sex offense or a sex offense requiring sex offender registration

N/A

Before release from or transfer to a state correctional facility or county jail or other detention facility

Department of Corrections

Mississippi Forensics Laboratory

An individual may file motion to destroy sample and delete records if case reversed, SOL has run out without a prosecution, or a conviction for a lesser included offense not a sex offense 

Miss. Code Ann. § 45-33-37. DNA identification system; convicted sex offender to provide blood sample for DNA identification analysis; administrative authority; good faith presumption; use of information ;

Miss. Code Ann. § 47-5-183DNA sampling authorization

Missouri

Yes, from adults

Felonies, or any sex offense or a sex offense requiring sex offender registration

N/A

If not at arrest, then “upon entering or before release from the department of corrections reception and diagnostic centers."

Department of Corrections, Missouri State Highway Patrol

Department of Public Safety

An individual may submit a written request to the Department of Public Safety with supporting court order for expungement

650.055. Felony Convictions for Certain Offenses to Have Biological Samples Collected, when—Use of Sample—Highway Patrol and Department of Corrections, Duty—DNA Records and Biological Materials to be Closed Record, Disclosure, when—Expungement of Record

Montana

Yes, from adults and adjudicated juveniles

Adults: Felonies

Adjudicated juveniles: Sexual or violence felonies

N/A

Upon sentencing

Depart of Corrections if incarcerated, or if not incarcerated, then to an agency designated by sheriff

The Department of Justice

Automatically. The county attorney of the county in which the conviction occurred shall notify the Department of Justice.

44–6–103. Collection of Samples and Maintenance of Data;

44–6–107. Expungement of DNA Records

Nebraska

Yes, from adults

Felonies

N/A

Upon intake to a prison, jail, or other detention facility or institution to which such person is sentenced, and shall not be released until sample taken

Department of Correctional Services and the Nebraska State Patrol

Nebraska State Patrol, administered by the Superintendent of Law Enforcement and Public Safety

An individual may submit a written request for the court order for expungement

Neb.Rev.St. § 29-4113.DNA samples; additional offenses; Nebraska State Patrol; duties;

Neb.Rev.St. § 29-4109. DNA record; expungement; procedure

Nevada

Yes, from adults

Felonies, and enumerated violations:  crime against a child; sexual offense as Abuse or neglect of an older person or a vulnerable person; A second or subsequent offense for stalking pursuant, or an attempt or conspiracy to do the above

N/A

If not at arrest, then Department of Corrections will arrange for collection

Department of Corrections

State forensic laboratory

An individual may submit a written request to the Central Repository for Nevada Records of Criminal History if conviction was reversed.

N.R.S. 176.09129. Storage and maintenance of biological specimen, DNA profile, DNA record and information; release of information; confidentiality; penalty

New Hampshire

Yes, from adults and juveniles

Felonies, and misdemeanors if sex offenses or an offense against a child

Yes

Upon intake or prior to the release

Department of Corrections

Division of State Police, Department of Safety

An individual must submit a written request that conviction was reversed and dismissed

NH ST § 651-C:2 DNA Analysis Required

New Jersey

Yes, from adults and adjudicated juveniles

Enumerated felonies and some misdemeanors: Aggravated sexual assault, Sexual assault, Aggravated criminal sexual contact, and Criminal sexual ontact; Murder; Manslaughter, Second Degree Aggravated Assault, Kidnapping; Luring or Enticing a Child;Sexual conduct that Impairs or Debauches the morals of a child pursuant, or charges of attempt



Yes

If not at arrest; then “upon commencement of the period of confinement”

Department of Corrections, and State Police

New Jersey State Police, Bureau of Identification

An individual may submit a written request with a court order for expungement when conviction was reversed and dismissed

N.J.S.A. 53:1-20.20. Collection of blood sample or other biological sample for DNA testing;

N.J.S.A. 53:1-20.25. Expungement of DNA record from state database; conditions 

New Mexico

Yes, from adults, or an adjudicated juvenile previously convicted as a youthful offender or serious youthful offender

Felonies, and misdemeanor sex offenses

N/A

If not at arrest, then prior to release

Collected at law enforcement “administrative center"

Department of Public Safety, based on rules established by the DNA Oversight Committee

An individual may submit a written request to Department of Public Safety if the conviction was reversed; or if the defendant successfully completed a pretrial diversion program.

N. M. S. A. 1978, § 29-16-6. Collection of samples;

N. M. S. A. 1978, § 29-16-10.Expungement of samples and DNA records from the DNA identification system and CODIS

New York

Yes, from adults

Felonies, and misdemeanors – except Marijuana Possession in 5th Degree

N/A

At sentencing 

Department of Corrections

Division of Criminal Justice Services

An individual may submit a written notice to Division of Criminal Justice Services that the conviction was reversed or pardoned

§ 995. Definitions

§ 995–C. State DNA Identification Index

North Carolina

Yes, from adults

Felonies, Assaults on handicapped persons, Stalking

Yes

If not at arrest, then upon intake at jail, prison or mental health facility

Department of Corrections

North Carolina State Crime Laboratory of the Department of Justice, based on retention policies it creat

Automatically 

15a–266.3a. DNA Sample Required for DNA Analysis upon Arrest for Certain Offenses

North Dakota

Yes, from adults

Felonies, and reduced misdemeanor sentences

N/A

If not at arrest, then collected at sentencing, or while incarcerated and as a condition of release

Law enforcement officer, or correctional personnel

[* "samples may be held and preserved by the collecting agency until sufficient funding becomes available to test"] Attorney General

An individual must petition court to expunge if the conviction was reversed

NDCC, 31-13-03. Individuals to be tested--Costs

NDCC, 31-13-07. Removal of DNA profiles from database

Ohio

Yes, from adults and adjudicated juveniles

Felonies, and misdemeanors of sexual crimes or crimes against children

N/A

During intake if incarcerated, or at time of sentencing if probation or parole

Department of Corrections “the chief administrative officer of the jail or other detention"

Bureau of Criminal Identification and Investigation

An individual may submit request in writing with copy of court order that conviction was reverse and dismissed

R.C. § 2901.07. DNA testing of certain prisoners

R.C. § 109.573. DNA laboratory and DNA database; relatives of R.C. § 2901.07. DNA testing of certain prisoners missing persons database


R.C. § 2152.74.DNA specimen collected from juvenile adjudged delinquent

Oklahoma

Yes, from adults

Felonies, or any crime requiring sex offender registration; and 

Enumerated Misdemeanors: assault and battery, domestic abuse, stalking, possession of a controlled substance; outraging public decency, resisting arrest, escaping or attempting to escape, eluding a police officer, Peeping Tom pointing a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law.

N/A

If incarcerated, prior to release, or if not incarcerated as condition of sentence

Department of Corrections, county sheriff's office or a law enforcement agency

Oklahoma State Bureau of Investigation

Oklahoma State Bureau of Investigation will promulgate rules on expungement

74 Okl.St.Ann. § 150.27.Deoxyribonucleic acid (DNA) laboratory--Coordination of use with law enforcement agencies--Forensic DNA technical manager

Oregon

Yes, from adults and juveniles adjudicated for felony-level sex offenses, promoting or compelling prostitution; burglary; assault in the first 

Felonies, and enumerated misdemeanors: Public indecency, Sexual abuse in the 3rd degree

Yes

At the request of the appropriate agency, and if incarcerated prior to release, but no sample will be taken if a sample was taken already or if it would crease substantial risk to health of defendant

Department of Corrections, or law enforcement agency

Department of State Police

An individual may submit a written request with copy of the court order reversing conviction 

O.R.S. § 137.076. Blood or buccal sample and thumbprint of certain convicted defendants; application;

O.R.S. § 161.325. Entry of judgment of guilty except for insanity;

O.R.S. § 419A.260. Definitions; notices required by court;

O.R.S. § 181A.155. Authority over blood, buccal and other samples

Pennsylvania

Yes, from adults and adjudicated juveniles

Felony sex offenses

N/A

Upon intake to a prison, jail or juvenile detention facility or any other detention facility or institution; or as a condition of sentencing if not incarcerated

Department of Corrections, or law enforcement agency

Department of State Police

Individual may submit a written request to the State Police with copy of court order reversing conviction and dismissing the case

§ 2316. DNA Sample Required upon Conviction, Delinquency Adjudication and Certain Ard Cases;

§ 2321. Expungement

Rhode Island

Yes, from adults

Felonies

N/A

Prior to release if incarcerated, or as condition of sentence

Department of Corrections, and law enforcement

Department of Health

An individual may submit a written request on grounds that conviction was reversed with copy of certified court order

§ 12-1.5-3. Powers and duties of the Department of Health

§ 12–1.5–4. State DNA Database

§ 12–1.5–8. DNA Sample Required upon Arrest or Conviction for Any Crime of Violence

§ 12–1.5–13. Expungement

South Carolina

Yes, from adults and adjudicated juveniles

Felonies, and enumerated misdemeanors: eavesdropping, peeping, or stalking

N/A

If not taken at arrest, then before release from confinement, or as a condition of parole or probation

Law enforcement agency or corrections agency with custody

South Carolina Law Enforcement Division (SLED)

An individual may submit request in writing with certified copy of court order vacating conviction 

§ 23–3–610. State DNA Database Established; Purpose;

§ 23–3–620. When DNA Samples Required;

§ 23–3–660. Expungement of DNA Record; Grounds for Requesting

South Dakota

Yes, from adults and adjudicated juveniles

Felonies, and misdemeanor sex crimes and crimes of violence

N/A

Upon intake to a prison, jail, juvenile detention facility, mental health facility, or any other detention facility or institution

Department of Corrections, or “supervising agency” for parole or probation

South Dakota State Forensic Laboratory

An individual may submit a written request with a court order reversing conviction and dismissing case.

23–5a–2. Establishment of State DNA Database and State DNA Databank—Purpose—Compatibility with FBI Procedures—Capabilities;

23–5a–5.2. Adult Arrested for Qualifying Offense Required to Provide DNA Sample;

23–5a–28. Request for Expungement

Tennessee

Yes, from adults and adjudicated juveniles

Violent felonies and misdemeanor crimes requiring Sex Offender Registry

N/A

While incarcerated, or the or under order of probation or parole officer

Department of Corrections, Commissioner or the Chief Administrative Officer of the local jail; or Parole or Probation division

Tennessee Bureau of Investigation, Forensic Services Division

Yes, through post-conviction testing requirements

T.C.A. § 38–6–103. Forensic Services Division; Breathalizers; DNA Analysis; Backlog of DNA Analysis

T.C.A. § 38-6-113. DNA analysis; procedures; databank

T.C.A. § 40-35-321DNA analysis; specimens

40 TN ST Ch. 30, Pt. 3, Post–Conviction DNA Analysis Act of 2001

Texas

Yes, from adults and adjudicated juveniles

Enumerated felonies for family violence, sexual assault, trafficking in persons, child abuse, aggravated kidnapping, indecency with a child, assaults; prohibited sexual contact (incest), continuous sexual abuse of a child; compelling prostitution

N/A

After conviction or sentencing

Department of Corrections or by “A law enforcement agency”

Department of Public Safety

An individual may submit a written request to the Department of Public Safety, with a copy of certified court order for expunction due to conviction vacated 

V.T.C.A., Government Code § 411.144. Regulation of DNA Laboratories; Penalties;

V.T.C.A., Government Code § 411.1471. DNA Records of Persons Arrested for Charged with, or Convicted of Certain Offenses;

V.T.C.A., Government Code § 411.148. Mandatory DNA Record;

V.T.C.A., Government Code § 411.151. Expunction or Removal of DNA Records

Utah

Yes, from adults and adjudicated juveniles

Felonies or Class A Misdemeanor, or a plea to a less included offense that is a misdemeanor, or required to register as sex offender

N/A

"after conviction” 

Department of Corrections, or probation and parole - each shall establish their own policies for collection

Department of Public Safety

An individual may file a motion to the court if final judgment reverses the conviction, judgment, or any court order that created an obligation to provide a DNA specimen

§ 53–10–403. DNA Specimen Analysis—Application to Offenders, Including Minors;

§ 53–10–404. DNA Specimen Analysis—Requirement to Obtain the Specimen;

§ 53–10–404.5. Obtaining DNA Specimen at Time of Booking—Payment of Fee upon Conviction

§ 53–10–406. DNA Specimen Analysis—Bureau Responsibilities

Vermont

Yes, from adults 

Felonies;

Any crime requiring registration as sex offender;

Stalking; Reckless endangerment, violating an abuse prevention order; or abuse, neglect and exploitation of vulnerable adults, or any attempt charges

N/A

If incarcerated, at a time designated by the Commissioner of Corrections or by a court;

If not incarcerated, then taken at a place and time designated by the Commissioner of Corrections, the Commissioner of Public Safety

State Police, or Department of Corrections, or Parole or Probation

Department of Public Safety Forensic Laboratory

An individual can submit a written request with court order of expungement if case dismissed or conviction reversed.

§ 1933. DNA sample required

§ 1940. Expungement of Records and Destruction of Samples

Virginia

Yes, from adults

Violent felonies

N/A

Taken prior to release from custody

State Police or Department of Corrections, parole or probation

Department of Forensic Science

An individual may submit a written request with court order showing that conviction reversed and case dismissed

§ 19.2–310.2. Blood, Saliva, or Tissue Sample Required for DNA Analysis upon Conviction of Certain Crimes; Fee

§ 19.2–310.7. Expungement when DNA Taken for a Conviction

Washington

Yes, from adults and adjudicated juveniles

Felonies or enumerated misdemeanors: Assault in the fourth degree where domestic violence; Assault in the fourth degree with sexual motivation; Communication with a minor for immoral purposes; (Custodial sexual misconduct in the second degree; Stalking; ) Harassment; Patronizing a Prostitute; Sexual misconduct with a minor in the second 

N/A

Taken prior to release

If incarcerated in prison: Department of Corrections, or a department of social and health services facility.

If incarcerated in jail: The city or county police are responsible for collecting

Washington State Patrol

Court may order DNA expunged if conviction overturned

RCWA 43.43.754. DNA identification system--Biological samples--Collection, use, testing--Scope and application of section

West Virginia

Yes, from adults

Felonies, and offenses that require registery as a sex offender

Yes

If Incarcerated: collection in jail or prison prior to release;

If Not Incarcerated: the sheriff in the county where the person is convicted will collect

Department of Corrections

Division of Public Safety, State Police

An individual may submit a written request for expungement with court order showing conviction reversed and case dismissed.

W. Va. Code, § 15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis

W. Va. Code, § 15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis

W. Va. Code, § 15-2B-11. Expungement

Wisconsin

Yes, from adults and adjudicated juveniles

Felonies and misdemeanors

Yes

By coordinated efforts of departments of corrections and health services, state police and prosecutors

Department of Corrections, or law enforcement agency

Department of Forensic Science

An individual may submit a written request for expungement if the case was reversed, set aside, or dismissed.

W.S.A. 165.77. Deoxyribonucleic acid analysis and data bank

W.S.A. 165.76. Submission of human biological specimen

Wyoming

Yes, from adults 

Felonies

N/A

Collected prior to release from custody

Wyoming Department of Corrections

Wyoming Department of Corrections

An individual may submit a written request with court order showing conviction was reversed and dismissed.

§ 7-19–403. DNA Samples Required; Collection; Testing; Reimbursement of Costs

§ 7–19–405. Expungement of Information




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