Lawfully Owed DNA
Minnesota

No*

N/A*

N/A*

N/A*

N/A*

N/A*

 *The provisions below are still on the books although they were struck down with respect to arrest only (not conviction) in 2006.  See Case Law/Notes.

Minn. Stat. § 299C.105 DNA data required

§ 609.117 DNA Analysis of Certain Offenders Required

§ 609A.03 Petition to Expunge Criminal Records

Case Law:

In 2005, Minnesota enacted a DNA-collection statute that required law enforcement agencies to take DNA samples from persons who have been arrested for, but not convicted of, certain enumerated offenses (Minn. Stat. § 299C.105 DNA data required). This law was struck down by the Minnesota Court of Appeals in 2006 as unconstitutional under the Fourth Amendment and a provision of the Minnesota State Constitution that is generally interpreted as coterminous with the Fourth Amendment.  In re Welfare of C.T.L., 722 N.W.2d 484, 492 & n.1 (Minn. Ct. App. 2006) (“statutory provisions that direct law enforcement to take biological specimens from juveniles and adults who have had a probable cause determination on a charged offense but who have not been convicted violate state and federal constitutional prohibitions against unreasonable searches and seizures. “).  But a 2013 Supreme Court decision held that a similar Maryland law was permissible under the Fourth Amendment. See Maryland v. King,  569 U.S. 435, 465 (2013) (“In light of the context of a valid arrest supported by probable cause respondent’s expectations of privacy were not offended by the minor intrusion of a brief swab of his cheeks. By contrast, that same context of arrest gives rise to significant state interests in identifying respondent not only so that the proper name can be attached to his charges but also so that the criminal justice system can make informed decisions concerning pretrial custody. Upon these considerations the Court concludes that DNA identification of arrestees is a reasonable search that can be considered part of a routine booking procedure.”).

Yes.

Murder, manslaughter, assault, robbery, aggravated robbery, kidnapping, false imprisonment, criminal sexual conduct, incest, burglary, indecent exposure or attempts thereof.

If a juvenile is adjudicated delinquent for committing or attempting a crime that, if committed by an adult, would constitute the above, they will be subject to DNA collection.

Convictions pursuant to which the defendant is sentenced as a “patterned sex offender”

Not specifically required.

If not taken at arrest, upon sentencing or adjudication or before release from a prison term served for a qualifying underlying conviction

Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities. Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken.

 Bureau of Criminal Apprehension

There has been a time period after release, depending on the type of crime underlying the conviction.

Other than pursuant to the above, upon petition and hearing whereby the defendant presents clear and convincing evidence that expungement will yield a benefit to the defendant commensurate with the disadvantages to the public and public safety.

Records are sealed, but not deleted, and may be reopened in certain instances.

Minn. Stat. § 299C.105 DNA data required

§ 609.117 DNA Analysis of Certain Offenders Required

§ 609A.02 Grounds for Order

§ 609A.03 Petition to Expunge Criminal Records al records 

Case Law:

In re Welfare of M.L.M., 813 N.W.2d 26, 28 (Minn. 2012) (upholding DNA collection when convicted of a misdemeanor arising out of the same set of circumstances as a felony).

State v. Bartylla, 755 N.W.2d 8 (Minn. 2008) (DNA in the database collected properly for a past conviction may be used to match to unknown DNA collected from crime scene without violating the Fourth Amendment).