Lawfully Owed DNA
Delaware
Last Updated: April 2023
| Arrest | Answer |
Does the law require a DNA sample to be collected from an individual when they are arrested for a crime? |
No. |
What crimes require collection of a DNA sample at arrest? |
N/A |
Does the law mandate when the DNA sample must be collected after arrest? |
N/A |
What agency collects the arrest DNA sample? |
N/A |
What agency manages the analysis and preservation in the DNA database? |
N/A |
Can the arrest DNA sample be expunged? |
N/A |
Statutes |
N/A |
| Conviction | Answer |
Does the law require a DNA sample to be collected from the defendant when they are convicted of a crime? |
Yes. |
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? |
Not specifically required. |
Does the law mandate when the DNA sample must be collected after conviction? |
At time of sentencing or, if not sentenced to a term of confinement, at a time and place specified by the sentencing court |
What agency collects the DNA sample after conviction? |
Department of Correction |
What agency manages the analysis and preservation in the DNA database? |
Division of Forensic Science |
Can the conviction DNA sample be expunged? |
Must petition court if conviction reversed or case dismissed. Division of Forensic Science must destroy upon receipt of certified court order. |
Statutes |
29 Del.C. § 4713. DNA analysis and data bank |