Lawfully Owed DNA
North Carolina

Yes (unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that record and sample has not been expunged pursuant to any provision of law). From adults and minors.

Commission or attempt, solicitation of another to commit, conspiracy to commit, or aiding and abetting another to commit any of the following offenses in Chapter 14 of the General Statutes:

(1) Assault with a deadly weapon on executive, legislative, or court officer; and Assault inflicting serious bodily injury on executive, legislative, or court officer.

(1a) First and Second Degree Murder.

(2) Manslaughter.

(2a) Any felony offense in Article 6A, Unborn Victims.

(3) Any offense in Article 7B, Rape and Other Sex Offenses.

(4) Malicious castration; Castration or other maiming without malice aforethought; Malicious maiming; Malicious throwing of corrosive acid or alkali; Maliciously assaulting in a secret manner; Felonious assault with deadly weapon with intent to kill or inflicting serious injury; Aggravated assault or assault and battery on an individual with a disability (when punishable pursuant to the patient abuse and neglect statute); Patient abuse and neglect, intentional conduct proximately causes death; Domestic abuse of disabled or elder adults resulting in injury; Assault inflicting serious bodily injury or injury by strangulation; Habitual misdemeanor assault; Discharging certain barreled weapons or a firearm into occupied property; Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers; Adulterated or misbranded food, drugs, etc., intent to cause serious injury or death, intent to extort; Assault with a firearm on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; Assault or affray on a firefighter, an emergency medical technician, medical responder, emergency department nurse, or emergency department physician; Assault inflicting serious injury on a law enforcement, probation, or parole officer or on a person employed at a State or local detention facility; Discharging a firearm from within an enclosure; and Discharge firearm within enclosure to incite fear.

(5) Any offense in Article 10, Kidnapping and Abduction, or Article 10A, Human Trafficking.

(5a) Any offense in Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material.

(6) First and second degree burglary; Breaking out of dwelling house burglary; Breaking or entering buildings with intent to terrorize or injure; Breaking or entering a place of religious worship; and Burglary with explosives.

(7) Any offense in Article 15, Arson.

(8) Armed robbery; Common law robbery punishable pursuant; and, Train robbery.

(8a) Assaulting a law enforcement agency animal, an assistance animal, or a search and rescue animal willfully killing the animal.

(9) Any offense which would require the person to register under the provisions of Article 27A of Chapter 14 of the General Statutes, Sex Offender and Public Protection Registration Programs.

(10) Cyberstalking.

(10a) Secretly peeping into room occupied by another person.

(10b) Possession of dangerous weapon in prison resulting in bodily injury or escape; Taking of hostage, etc., by prisoner; and Malicious conduct by prisoner.

(11) Stalking.

(12) Assault on emergency personnel with a dangerous weapon or substance.

(13) Unlawful manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of a nuclear, biological, or chemical weapon of mass destruction; exceptions; and Unlawful use of a nuclear, biological, or chemical weapon of mass destruction.

(14) Child abuse inflicting serious injury and Child abuse inflicting serious bodily injury.

(15) Cruelty to animals; maliciously kill by intentional deprivation of necessary sustenance; and Cruelty to animals; maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill.

(16) Attempt to conceal evidence of non-natural death by dismembering or destroying remains.

At time of arrest or fingerprinting

If no warrant, after probable cause hearing

Arresting law enforcement officer

North Carolina State Crime Laboratory of the Department of Justice

The Crime Laboratory shall remove a person's DNA record, and destroy any DNA biological samples that may have been retained, from the State DNA Database and DNA Databank within 90 days of receiving the verification form from the prosecuting district attorney, IF the person’s DNA record is not required to be in the State DNA Database under some other provision of law, or is not required to be in the State DNA Database based upon an offense from a different transaction or occurrence from the one which was the basis for the person’s arrest.

The prosecuting district attorney must initiate the verification procedure for expungement within 30 days of the occurrence of one of the following events:

(1) As to the charge, or all charges, resulting from the arrest upon which a DNA sample is required under this section, a court or the district attorney has taken action resulting in any one of the following:

1. The charge has been dismissed.
2. The person has been acquitted of the charge.
3. The defendant is convicted of a lesser-included misdemeanor offense that is not a listed offense [including first and second degree murder; manslaughter; any offense in Article 7B, Rape and Other Sex Offenses; any offense in Article 10, Kidnapping and Abduction, or Article 10A Human Trafficking; first and second degree burglary; armed robbery; cyberstalking; stalking; child abuse inflicting serious injury; and others, including attempt, solicitation of another to commit, conspiracy to commit, or aiding and abetting another to commit any of the listed violations]
4. No charge was filed within the statute of limitations, if any; or
5. No conviction has occurred, at least three years has passed since the date of arrest, and no active prosecution is occurring.

Any person entitled to expungement may also apply to the court for an order expunging DNA records when the person’s case has been dismissed by the trial court. A copy of the application for expungement of the DNA record or DNA sample shall be served on the district attorney for the judicial district in which the felony charges were brought not less than 20 days prior to the date of the hearing on the application.

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

§ 15A-146,

§ 15A-148.

 Expunction of Records

§ 15A-502.1

 DNA Sample Upon Arrest

Case Law:

State v. Jacobs, 128 N.C. App. 559 (1998) (“The purpose of the statute is to clear the public record of entries so that a person who is entitled to expunction may omit reference to the charges to potential employers and others, and so that a records check for prior arrests and convictions will not disclose the expunged entries. Neither the statute nor the order of expunction entered at defendant’s request requires the destruction of investigative files.”)

Yes (Unless a DNA sample has previously been obtained by lawful process and a record stored in the State DNA Database, and that record and sample have not been expunged pursuant to any provision of law) - or guilty plea or plea of nolo contendere

Felonies, assaults on individuals with a disability, assault on a female by a male at least 18 years old; assault on a child under the age of 12; stalking, as well as all offenses for which arrest triggers collection of DNA sample, including, but not limited to: violation of a valid protective order, assault with a deadly weapon on executive, legislative, or court officer, first and second degree murder, manslaughter, any felony offense in Article 6A, Unborn Victims, any offense in Article 7B, Rape and Other Sex Offenses, intentional conduct proximately causing death,   Human Trafficking, first and second degree burglary,  breaking or entering buildings with intent to terrorize or injure, arson, armed robbery, cyberstalking, secretly peeping into room occupied by another person, child abuse inflicting serious injury, child abuse inflicting serious bodily injury, cruelty to animals.

Yes. “Conviction” includes “a finding of not guilty by reason of insanity or mental disease or defect.”

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

Every person convicted of any of these crimes, but who is not sentenced to a term of confinement, shall provide a DNA sample as a condition of the sentence.

Department of Corrections

North Carolina State Crime Laboratory of the Department of Justice

The Crime Laboratory shall remove a person's DNA record, and destroy any DNA biological samples that may have been retained, from the State DNA Database and DNA Databank within 90 days of receiving the verification form from the prosecuting district attorney, IF the person’s DNA record is not required to be in the State DNA Database under some other provision of law, or is not required to be in the State DNA Database based upon an offense from a different transaction or occurrence from the one which was the basis for the person’s arrest.

The prosecuting district attorney must initiate the verification procedure for expungement within 30 days if the defendant is convicted of a lesser-included misdemeanor offense that is not a listed offense [including first and second degree murder; manslaughter; any offense in Article 7B, Rape and Other Sex Offenses; any offense in Article 10, Kidnapping and Abduction, or Article 10A Human Trafficking; first and second degree burglary; armed robbery; cyberstalking; stalking; child abuse inflicting serious injury; and others, including attempt, solicitation of another to commit, conspiracy to commit, or aiding and abetting another to commit any of the listed violations].

In addition, upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes, or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples.

NCGS § 15A-266.2. Definitions

NCGS § 15A-266.4. DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity

NCGS § 15A-266.3A. Sample Required for DNA Analysis upon Arrest for Certain Offenses

§ 15A-148.

Expunction of Records

Case Law:

State v. Womble, 858 S.E.2d 304 (2021)

(Statute that did not authorize automatic expunction of DNA records upon pardon of innocence and instead required defendant to petition for expungement was not unconstitutional as applied to defendant, who was charged with murder based, in part, on DNA profile developed from blood sample obtained during incarceration for murder for which he was later found innocent, under state constitution prohibiting deprivation of life, liberty or property but by “law of the land”).

State v. Jacobs, 128 N.C. App. 559 (1998). (“The purpose of the statute is to clear the public record of entries so that a person who is entitled to expunction may omit reference to the charges to potential employers and others, and so that a records check for prior arrests and convictions will not disclose the expunged entries. Neither the statute nor the order of expunction entered at defendant's request requires the destruction of investigative files.”).