Lawfully Owed DNA
Vermont
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
Case Law: State v. Medina, 197 Vt. 63 (Vt. 2014) The Vermont Supreme Court held that a prior version of the statute, which required collection of DNA samples from persons arrested for a felony following a probable cause hearing, violated the Vermont state constitution’s search and seizure protections and was, therefore, unconstitutional. |
| Conviction | Answer |
Does the law require a DNA sample to be collected from the defendant when they are convicted of a crime? |
Yes – adults and minors (by implication) |
What convictions require collection of a DNA sample? |
A person convicted of felony, domestic assault, any crime for which the person is required to register as a sex offender, stalking, reckless endangerment, a violation of an abuse prevention order, a misdemeanor violation relating to abuse, neglect, and exploitation of vulnerable adults, an attempt to commit the above offenses, any other offense if as part of a plea agreement in an action in which the original charge was a crime listed above and probable cause was found by the court |
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? |
If incarcerated, at a time designated by the Commissioner of Corrections or by a court; if not incarcerated, at a place and time designated by the Commissioner of Corrections, the Commissioner of Public Safety, or a court |
What agency collects the DNA sample after conviction? |
The receiving correctional facility, the Commissioner of Corrections, the Commissioner of Public Safety, or a court |
What agency manages the analysis and preservation in the DNA database? |
Department of Public Safety Forensic Laboratory |
Can the conviction DNA sample be expunged? |
If a person’s conviction related to an incident that caused the DNA sample to be taken is reversed and the case is dismissed, or if the person is granted a full pardon related to an incident that caused the DNA sample to be taken, the court or governor (as applicable) must notify the Department of Public Safety, which will remove and destroy the person’s DNA record and sample. If a DNA sample is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged. |
Statutes |
20 VSA § 1932. Definitions 20 VSA § 1933. DNA sample required 20 VSA § 1940. Expungement of records and destruction of samples |