Lawfully Owed DNA
West Virginia
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 – adults and juveniles |
What convictions require collection of a DNA sample? |
Enumerated felonies, including first and second-degree murder, voluntary manslaughter, assault, stalking, harassment, violent crimes against the elderly, robbery, kidnapping, incest, etc., and attempts to commit: first and second-degree murder, kidnapping, or sexual offenses; any person required to register as a sex offender must also provide DNA. |
Does the law require DNA collection when a defendant is found not guilty by reason of insanity/mental defect/illness? |
Yes. A person found not guilty of a qualifying offense by reason of insanity or mental disease or defect shall be required to provide a DNA sample. |
Does the law mandate when the DNA sample must be collected after conviction? |
If incarcerated, collection in jail or prison under the supervision of the Division of Corrections. If not incarcerated, the sheriff in the county where the person is convicted will collect. State Police may require any person convicted of a felony that is under the supervision of the criminal justice system (including parole, probation, home confinement, community corrections program, and work release) to submit a DNA sample |
What agency collects the DNA sample after conviction? |
Division of Corrections, regional jails and felon facilities, sheriff’s department, or West Virginia State Police |
What agency manages the analysis and preservation in the DNA database? |
West Virginia State Police |
Can the conviction DNA sample be expunged? |
May request expungement with certified copy of court order showing conviction reversed and case dismissed |
Statutes |
W. Va. Code, § 15-2B-3. Definitions § 15-2B-6 DNA sample required for DNA analysis upon conviction; DNA sample required for certain prisoners § 15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis §15-2B-11. Expungement Va. Code of State Rules § 81-9-4 Procedures for the Collection of Samples for DNA Analysis |