Lawfully Owed DNA
Wisconsin
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? |
Yes, from adults and minors. |
What crimes require collection of a DNA sample at arrest? |
A “violent crime” – enumerated felonies, including first- or second- degree intentional homicide; mayhem; first-, second-, or third- degree sexual assault; strangulation and suffocation; false imprisonment; human trafficking; kidnapping; arson; burglary; carjacking; robbery; sexual assault of a child; first- or second- degree reckless homicide; felony murder; battery or aggravated battery; and others. Includes solicitation, conspiracy, or attempt to commit any of the enumerated felonies. Any juvenile taken into custody for an offense that would be a violent crime if committed by an adult. |
Does the law mandate when the DNA sample must be collected after arrest? |
At booking, but may not upload to database unless arrested (or juvenile taken into custody) due to a warrant, or until after probable cause hearing, or after individual failed to appear at the initial appearance or preliminary examination, or delinquency proceeding, or waived the preliminary examination. |
What agency collects the arrest DNA sample? |
Departments of Corrections and Health Services, County Departments of Health, Social Services, and Human Services, and County Sheriffs. |
What agency manages the analysis and preservation in the DNA database? |
Department of Justice |
Can the arrest DNA sample be expunged? |
May request expungement with a certified court record that each qualifying offense was reversed, set aside, or vacated, or qualifying arrest was dismissed. |
Statutes |
W.S.A. § 165.76.Submission of human biological specimen § 165.77.Deoxyribonucleic acid analysis and data bank § 165.84.Cooperation in criminal identification, records and statistics WI ADC § Jus. 9.05. Use of human biological specimens for DNA data bank Case Law: For expungement information. See DNA - Services | Wisconsin Department of Justice (https://www.wisdoj.gov/Pages/CriminalJusticeServices/dna-deoxyribonucleic-acid.aspx) and the official expungement request form (DJ-LE-177). |
| 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? |
Felonies and Misdemeanors (narrower scope for individuals convicted before 2015) Juveniles adjudicated delinquent for (1) an act that would be a felony if committed by an adult or (2) enumerated misdemeanors (Fourth degree sexual assault; Endangering safety by use of dangerous weapon; Lewd and lascivious behavior; Prostitution; Patronizing prostitutes; Pandering; Failure to submit biological specimen; Exposing genitals, pubic area or intimate parts) |
Does the law require DNA collection when a defendant is found not guilty by reason of insanity/mental defect/illness? |
Yes. If found not guilty by reason of mental disease or defect. |
Does the law mandate when the DNA sample must be collected after conviction? |
If present in court for conviction, county sheriff to collect at time of court finding of guilt; otherwise, not specified |
What agency collects the DNA sample after conviction? |
Departments of Corrections and Health Services, County Departments of Health, Social Services, and Human Services, and County Sheriffs |
What agency manages the analysis and preservation in the DNA database? |
Department of Justice |
Can the conviction DNA sample be expunged? |
By written request with a certified court record that each qualifying offense was reversed, set aside, or vacated. |
Statutes |
W.S.A. § 165.76. Submission of human biological specimen §165.77. Deoxyribonucleic acid analysis and data bank §165.84. Cooperation in criminal identification, records and statistics W.S.A. § 971.17. Commitment of persons found not guilty by reason of mental disease or mental defect WI ADC § Jus. 9.04. Submission of human biological specimen for DNA data bank Case Law: For expungement information. See DNA - Services | Wisconsin Department of Justice (https://www.wisdoj.gov/Pages/CriminalJusticeServices/dna-deoxyribonucleic-acid.aspx) and the official expungement request form (DJ-LE-177). |