Lawfully Owed DNA Last Updated: March 2020

Arrest

Does the law require a What require collection Does the law mandate What agency What agency Can the arrest DNA sample Statutes DNA sample to be of a DNA sample at arrest? when the DNA sample collects the manages the be expunged? collected from an must be collected after arrest DNA analysis and individual when they arrest? sample? preservation in are arrested for a the DNA ? database?

Alabama Yes, from adults and All , and any sexual At booking, or at arrest. Director of the Director of the Not explicit in the statute Ala. Code 1975 § 36- 18- 24. DNA database. minors. offense, including any offense Alabama Alabama with respect to DNA samples requiring registration as a sex Department of Department of collected at arrest. offender. Forensic Forensic Sciences. Upon request, and following § 36-18-25(c). Collection of DNA samples Sciences. reversal of conviction, the from Convicted Persons. director is authorized to

expunge DNA records. § 36–18–26. Expungement of DNA Records.

§ 36-18-22. Powers of director.

Alaska Yes, from adults only All felonies, or “crime against At booking. Department of Department of Yes. Upon written request to A.S. § 44.41.035. DNA identification system a person” Public Safety, Public Safety Dept. of Public Safety, including: accompanied with a court “juvenile or order establishing the adult person arrested was correctional, released without being probation, or charged; indictment was parole officers dismissed; or person was or a peace officer” found not guilty.

Arizona Felonies, , At booking. Arresting authority or its Yes, adults only. Department of Yes – must petition court to A.R.S. § 13- 610. DNA testing enumerated sexual designee. Public Safety remove if no charges filed, offenses, . case dismissed, or defendant acquitted. Case law: Mario W. v. Kaipio, 230 Ariz. 122, 281 P.3d 476 (2012) (extraction of a DNA profile from buccal cells of a juvenile charged with certain offenses at advisory hearing violates the Fourth Amendment as it is a serious intrusion on a juvenile’s privacy interests).

Arkansas Yes. Adults, and minors Felonies, murder, , At booking, or at first court A law State Crime Yes – must petition the Ark. Code Ann. § 12-12-1006 only if charged as an , sexual . appearance for the enforcement Laboratory State Crime Laboratory Fingerprinting, DNA Sample Collection, adult. enumerated offenses; or official at the upon acquittal, dismissal, and Photographing while incarcerated and new receiving successful completion of a charges arise. criminal preprosecution diversion detention program or a conditional § 12-12-1019 Removal and destruction of facility, or a discharge, conviction of a correctional lesser or the DNA record and DNA sample facility official reversal of conviction. for persons who Record must be expunged are already upon providing: incarcerated § 12-12-1105 State DNA Data Base and new charges (1) a written request for aris. removal and destruction, (2) a court order for removal and destruction of the DNA record; and (3) a certified copy of the acquittal, dismissal, reversal or a court order stating that a charge arising out of a person’s arrest has not been filed within 1 year of arrest, unless the person has a prior conviction or pending charge for which DNA collection is authorized.

California Yes, from adults only. All felonies. At booking or “as soon as Department of Department of Yes – if charges are administratively Corrections and Justice, DNA dismissed or no accusatory West's Ann. Cal. Penal Code § 295. Short practicable” Rehabilitation Laboratory pleading is filed, person must petition the court and title; findings and intent; administration provide a copy of the and implementation of chapter; request to the DNA responsibility for collection of specimens, Laboratory and the samples and imprints; costs and funds prosecuting attorney. DNA laboratory must destroy the sample and expunge the § 296. Offenders subject to collection of profile upon receipt of a specimens, samples and print court order. impressions

§ 299. Reversal, dismissal or acquittal; request for expungement of information; procedure; specimens from persons no longer considered suspects

Colorado Felonies “Sample Analysis” collected at Yes, from adults only. The arresting Colorado Bureau Yes – written request to CBI, C.R.S.A. § 16–23–103. Collection of booking, but sample not law enforcement of Investigation after case dismissed, no Biological Samples from Persons Arrested analyzed until after Probable agency. charges filed, or plea to for or Charged with Felonies Cause Hearing. lesser misdemeanor. § 16–23–104. Collection and Testing If collection is impractical at booking, sample may be § 16–23–105. Expungement collected at any other time

during detention or pendency of charges. Case Law: People v. Valdez, App. 2017, 405 P.3d 413, cert. denied 2017 WL 4872875 (Crime defendant was arrested for was not required to be serious to have DNA taken from defendant pursuant to Katie's Law, and thus taking DNA upon defendant's arrest for aggravated driving was not unconstitutional as applied in prosecution for first degree murder; although defendant was in custody for a misdemeanor offense, it was not unconstitutional to take DNA from all arrestees, because the magnitude of the state's interest does not necessarily depend on the seriousness of the crime of arrest.).

Connecticut Yes, from adults and Arrest for serious , if no “Prior to release from The “law Division of Automatic upon reversal C.G.S.A. § 54-102g. Blood or other minors. sample on file and prior custody,” per law enforcement Scientific Services and dismissal of a biological sample required from certain conviction (or if found not enforcement agency’s agency that within the Dept. conviction or of a finding of arrested or convicted persons for DNA guilty by reason of mental policies. arrested such of Emergency not guilty by reason of analysis disease or defect) for felony, person;” or Services and mental disease or defect or crime against a minor, Department of Public Protection upon acquittal. nonviolent sexual offense or Correction. sexually violent offense. § 54–102h. Procedure for Collection of Blood or Other Biological Sample for DNA Analysis

§ 54–102L. Expungement of DNA Data Bank Records and Destruction of Samples

Case Law: Connecticut v. Banks, 71 A.3d 582, 143 Conn. App. 485 (2013) (Statute requiring all felons in custody to submit to collection of DNA sample implicitly included permission to use reasonable force to obtain sample in order to achieve legislature's goal of creating DNA data bank, and legislature later amended statute to permit state to use reasonable force.).

Delaware No. N/A N/A N/A N/A N/A N/A

District of N/A N/A No. N/A N/A N/A N/A Columbia

Florida Yes, from adults and Felonies, including . At booking. Department of Department of Yes – must provide written F.S.A. § 943.325. DNA Database minors. Law Law Enforcement request and proof of the Enforcement; or by their internal following: a certified copy if qualifying policies. of the No Information or Case Law: offender is Nolle Prosequi filed by the incarcerated the state attorney, or final court U.S. v. Davis, 65 F. Supp. 3d 1352 (M.D. Fla. “entity order or other official 2014) (Florida statute requiring any responsible for documentation showing qualifying offender who is arrested in the the jail or charge was dismissed; or state to submit a DNA at time of booking facility shall acquittal; or no charge filed did not intrude on arrestee's privacy rights ensure that a within the applicable time DNA sample is period. in violation of Fourth Amendment. DNA promptly identification of arrestees was a reasonable secured and search that could be considered part of a transmitted to routine booking procedure.). the department”

Georgia N/A N/A N/A N/A N/A No. N/A

Guam No. N/A N/A N/A N/A N/A N/A

Hawaii No. N/A N/A N/A N/A N/A N/A

Idaho No. N/A N/A N/A N/A N/A N/A

Illinois Yes, after an indictment Enumerated Felonies: First Within 14 days after an Illinois Department of Automatic upon receipt of a 730 ILCS 5/5-4-3 Specimens; genetic has been returned by a degree murder, home indictment from a grand Department of State Police, certified copy of a final marker groups. grand jury or finding of invasion, predatory criminal jury; or after a probable State Police Division of court order for each charge probable cause of a child, cause hearing; or if Forensic Services against an individual in following a hearing. aggravated criminal sexual arrestee has waived a which the charge has been This applies to both assault, or criminal sexual preliminary hearing. dismissed, resulted in adults and minors. assault. acquittal, or that the charge was not filed within the applicable time period.

Indiana Yes, from adults only. Felonies At booking; may The sheriff Superintendent of State Upon request to Superintendent of State Police with IC § 10–13–6–8 not ship the Police certified copy of court order establishing (i) the DNA sample for person was acquitted of all the felony charges, or all Powers and Duties identification of the felonies were converted to , or of Superintendent unless there was (ii) all felony charges were dismissed; or upon § 10–13–6–10 a warrant notification and request to the prosecuting attorney pursuant to a if 365 days have elapsed since the person’s arrest Convicted Felons to felony arrest or and no felony charges have been filed against the Provide DNA probable cause person. Sample was found for a felony arrest. § 10–13–6–18 Removal of DNA Profile

Iowa No. N/A N/A N/A N/A N/A N/A

Kansas Yes, from adults and Felonies, and enumerated At the same time as The custodial Kansas Bureau of Upon petition to the court, if minors. misdemeanors: Lewd and fingerprinting pursuant to law enforcement Investigation dismissal of charges, Kan. Stat. Ann. 21–2511. Collection of lascivious behavior, Cruelty to the booking procedure, “or agency, or expungement, or acquittal animals, Criminal restraint, as soon as practicable” juvenile justice at trial. Biological Samples, Fingerprints and Other Adultery, Buying sexual agency. Identifiers from Certain Persons; Kansas relations, Sexual , Bureau of Investigation, Powers and Aggravated sexual battery, Duties; Expungement of Sample and (Attempt, , or Profile Record; Failure to Provide Sample, Criminal to Penalties; Other Unlawful Acts commit) Rape.

Case Law: State v. Biery, 318 P.3d 1020 (Kan. Ct. App. 2014) (“The statute does not violate the Fourth Amendment to the United States Constitution or § 15 of the Kansas Constitution Bill of Rights and is constitutional.”)

State v. Martinez, 78 P.3d 769 (Kan. 2003) State v. Martinez, 78 P.3d 769 (Kan. 2003) (“The addition of burglary to the crimes included in [K.S.A. 21–2511] does not make the statute unconstitutional.”).

Kentucky N/A N/A No. N/A N/A N/A N/A

Louisiana Yes, from adults and Felonies, or felony-grade At the same time as A person Louisiana State Upon written request with a minors. delinquent act, including fingerprinting pursuant to “qualified to Police certified court order of LSA-R.S. §15:604. Powers and duties of attempt, conspiracy, criminal the booking procedure. draw or take expungement and sealing. solicitation, or after DNA samples” state police the fact. at the place of booking, incarceration, or § 15:609. Drawing or taking of DNA confinement, or samples at a prison, jail unit, juvenile facility, or other §15:610. Procedures for withdrawal, facility to be collection, and transmission of DNA specified by the samples court, with the sample then delivered to the State Police. §15:614. Removal of records

Maine No. N/A N/A N/A N/A N/A N/A

Maryland Department of State Destruction of the sample is Yes, from adults and Felonies or At the time of Department of State Police, Police, Forensic automatic if charges are minors. misdemeanors if charging; but no at a facility designated by MD Code, Public Safety, § 2-504. Collection Sciences Division determined to be unsupported “a crime of testing or entry the Secretary. by probable cause; or criminal violence” (or an into DNA of DNA samples action does not result in attempt) or database before conviction. burglary (or an the first § 2-511. Destruction or Expungement of attempt). arraignment date DNA Information without . Case Law: Maryland v. King, 133 S. Ct. 1958 (2013) (“When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”)

Massachusetts No. N/A N/A N/A N/A N/A N/A

Michigan The law enforcement Samples to be transmitted to Felonies or an offense that At arrest (i.e., a Yes, from adults In general, DNA sample or agency responsible for the Department of State Police would be a felony if reasonable time and minors. profile or both shall be Mich. Comp. Laws §§ 28.171-28.176 DNA the investigation of the committed by an adult. after arrest, destroyed or expunged if offense for which the typically during the charge for which the Identification profiling system Act individual is arrested the booking sample was obtained has or convicted. process). been dismissed or resulted in acquittal or no charge Mich. Comp. Laws Ann. § 712A.18k DNA was filed within the identification profiling; providing samples limitations period. for chemical testing; assessment; forwarding to department of state police; definitions

Mich. Admin. Code r. 28.5051 –28.5059 DNA Profiling System

Case Law:

People v. Clay, No. 339659, 2019 WL 137149, at *5 (Mich. Ct. App. Jan. 8, 2019) (“Applying these statutory provisions to the circumstances here demonstrates that defendant's DNA was not unlawfully retained. Defendant was charged with from a Person on or about May 11, 2016 and his DNA was lawfully collected per MCL 28.176(1)(a), at the time of his arrest. Defendant's DNA was forwarded to the department after his arrest, but before conviction. On May 24, 2016, the Larceny from a Person charge was dismissed. On July 18, 2016, CODIS operators found an association or “hit” in the database between the DNA profile taken from Chelsea's leotard and defendant's DNA entered from the larceny charge. The total number of days between May 24, 2016 and July 18, 2016 was 55. This period of retention was not in violation of the statute because 55 days was within the 60 days statutorily allotted for the prosecutor to object to the dismissal and retain the DNA.”).

Minnesota Yes, from adults and Collection authorized only After probable cause “Prosecutors, The Bureau of Automatic if the person was minors. after alleged offender has had hearing. courts, and Criminal not found guilty of a felony Minn. Stat. § 299C.105 DNA data required a probable cause probation Apprehension or upon request of a person determination on a charge of officers shall where the charge against the committing certain offenses, attempt to person was later dismissed. including: murder, ensure that the § 609.117 DNA Analysis of Certain , assault, biological Offenders Required or aggravated robbery, specimen is

kidnapping, false taken.” imprisonment, criminal sexual conduct, incest, burglary, § 609A.03 Petition to Expunge Criminal indecent exposure, patterned Records sex offenders. Case Law: In re Welfare of C.T.L., 722 N.W.2d 484, 492 & n.1 (Minn. Ct. App. 2006) (holding that Minn. Stat. § 299C.105(subd. 1)(a)(1) and (3)—which directs the automatic collection of DNA after a probable cause determination but without a search warrant—violates the Fourth Amendment and provision of Minnesota State Constitution that is generally interpreted as coterminous with Fourth Amendment); but 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.”).

Mississippi Yes, from adults only. Crimes of violence (as defined Upon booking Collected by the Mississippi Only on motion (by the Miss. Code § 45-47-1 DNA samples to be by Miss. Code § 97-3-2, jail or Forensics parties or sua sponte by the collected from persons arrested for including, without limitation, corrections Laboratory court) and only if (i) charge commission or attempted commission of murder, aggravated assault, personnel and is dismissed; (ii) defendant certain crimes of violence; destruction of manslaughter, killing of an then transferred is acquitted or convicted of unborn child, kidnapping, to Mississippi lesser-included offense that sample; penalties for obtaining, receiving human trafficking, poisoning, Forensics is not a crime of violence; or disseminating information in DNA data rape, robbery, sexual battery, Laboratory. (iii) no charge filed within bank without authority rape, drive-by shooting or the limitations period; or bombing, carjacking, felonious (iv) no conviction has neglect, abuse or battery of a occurred and at least three child, burglary of a dwelling, years since date of arrest use of explosives or weapons has elapsed and there is no of mass destruction, shooting active prosecution. into a dwelling).

Missouri Yes, from adults only For burglary in the 1st or 2nd Upon booking Missouri state Department of Automatic if the charges are Mo. Ann. Stat. §§ 650.050–650.060 DNA (defined as individuals degree or a felony offense highway patrol, Public Safety later withdrawn, the cases is Profiling System 17 years of age or including offenses against the department of dismissed, there is no Missouri state older). person (e.g., murder and corrections, and probable cause, or the highway patrol manslaughter, assault, the registering defendant is found not crime laboratory ), sexual offenses, agency for sex guilty and the defendant has is administrator , offenses against offenders no other qualifying or of the index the family, or pornography offenses or arrests that system. and related offenses. would require a DNA sample.

Montana N/A No. N/A N/A N/A N/A N/A

Nebraska No. N/A N/A N/A N/A N/A N/A

Nevada Yes, from adults only. Felonies Upon booking the person The arresting The Forensic A person whose record of into a city or county jail or law enforcement Science Division criminal history indicates Nev. Rev. Stat. Ann. § 176.0912 - Biological detention facility, and agency. of the Washoe the collection of a biological before the person is County Sheriff's specimen and whose DNA secured in connection with released from custody. Office oversees, profile and DNA record investigation or prosecution; required manages and have been included in the preservation administers the State DNA Database and State DNA CODIS pursuant to NRS Database. 176.09123 may make a § 176.0917 - County to designate forensic written request to the The board of laboratory to conduct or oversee analysis; Central Repository for county criteria Nevada Records of Criminal commissioners of History, using the Nevada each county is Department of Public Safety responsible for DNA Expungement § 176.09121 - State DNA Database: selecting a Application, that the Establishment; duties forensic biological specimen be laboratory to destroyed and the DNA conduct or profile and DNA record be § 176.09123 - Collection of biological oversee for the purged from the forensic county any specimen from persons arrested for laboratory, the State DNA genetic marker felony; submission to forensic laboratory; Database and CODIS on the analysis that is identifying information submitted to grounds that the arrest required which led to the inclusion of Central Repository; genetic marker pursuant to NRS the biological specimen or analysis; creation of DNA profile; 176.09123, the DNA profile or DNA information included in criminal history 176.0913 or record: (1) has resulted in a 176.0916. record felony charge that has been resolved by a dismissal, the successful completion of a § 176.09125 – Destruction of biological pre-prosecution diversion specimen and purging of DNA record: program pursuant to NRS 174.033, a conditional Grounds; written request; duties of Central discharge, an acquittal or an Repository, forensic laboratory and State agreement entered into by a DNA Database prosecuting attorney and a defendant in which the defendant, in exchange for a § 176.09129 – Storage and maintenance of plea of guilty, guilty but biological specimen, DNA profile, DNA mentally ill or nolo record and information; release of contendere, receives a charge other than a felony; information; confidentiality; penalty for or (2) has not resulted in unauthorized disclosure of information any additional criminal

charge for a felony within 3 years after the date of the arrest. 2016 Nev. Op. Att'y Gen. No. 11 (Dec. 12, If a court or magistrate 2016) determines that probable cause did not exist for the person's arrest, biological specimens are destroyed within 5 business days after receiving notice of the determination by the court or magistrate.

New N/A N/A N/A No. N/A N/A N/A Hampshire

New Jersey Yes, from adults and Murder; Prior to release from Arresting law Division of State Upon application for minors. Manslaughter; custody. enforcement Police in the expungement on the N.J. Stat. Ann. § 53:1-20.19 - Definitions Aggravated assault of agency. Department of grounds that all charges the second degree; Law and Public from the arrest that Kidnapping; Safety provided the basis for DNA Luring or enticing a child collection have been § 53:1-20.20 - Collection of blood sample in violation; dismissed or resolved or other biological sample for DNA testing Engaging in sexual through acquittal at trial, or,

conduct which would if a juvenile, the impair or debauch the adjudication that provided § 53:1-20.22 – Procedures for obtaining morals of a child the basis for DNA collection blood sample or biological sample; persons Every juvenile arrested has been reversed and the authorized to draw blood or collect for an act which, if case dismissed. sample; liability committed by an adult, would constitute an enumerated offense

§ 53:1-20.25 - Expungement of DNA record from state database; conditions

New Mexico Yes, from adults, or a Felony At booking Department of Department of By written request if cases minor previously Corrections Public Safety, ended in: (1) the conviction N. M. S. A. 1978, § 29-16-3. Definitions convicted as a youthful based on rules that led to the inclusion of offender or serious established by the the sample has been youthful offender. DNA Oversight reversed; or (2) the arrest Committee that led to the inclusion of § 29-16-6. Collection of Samples the sample has: (a) resulted in a felony charge that has been resolved by a § 29-3-10. DNA Collection from Persons dismissal, nolle prosequi, Arrested successful completion of a pre-prosecution diversion program or a conditional § 29-16-10. Expungement of samples and discharge, misdemeanor DNA records from the DNA identification conviction or acquittal; or system and CODIS (b) not resulted in a felony charge within one year of arrest.

New York N/A N/A No. N/A N/A N/A N/A

North Yes, from adults only. Any of the following offenses If warrant, at booking; Law enforcement North Carolina The Crime Laboratory shall Carolina in Chapter 14 of the General State Crime remove a person's DNA If no warrant, after NCGS § 15a–266.3a. DNA Sample Required Statutes: Laboratory of the record, and destroy any probable cause hearing Department of DNA biological samples that for DNA Analysis upon Arrest for Certain (1) Assault with a deadly Justice may have been retained, Offenses weapon on executive, from the State DNA legislative, or court officer; Database and DNA and Assault inflicting serious Databank if both of the § 15A-146, bodily injury on executive, following are determined legislative, or court officer. pursuant to subsection (i) of (1a) First and Second this section: Degree Murder. (1) As to the charge, or all § 15A-148. (2) G.S. 14-18, Manslaughter. charges, resulting from the arrest upon which a DNA (2a) Any felony offense in sample is required under Article 6A, Unborn Expunction of Records this section, a court or the Victims. district attorney has taken (3) Any offense in Article 7B, action resulting in any one § 15A-502.1 Rape and Other Sex Offenses. of the following: (4) Malicious ; a. The charge has been Castration or other maiming dismissed DNA Sample Upon Arrest without aforethought; b. The person has been Malicious maiming; Malicious acquitted of the charge. throwing of corrosive acid or Case Law: alkali; Maliciously assaulting c. The defendant is in a secret manner; Felonious convicted of a State v. Jacobs, 128 N.C. App. 559 (1998) assault with deadly weapon lesser-included (“The purpose of the statute is to clear the with intent to kill or inflicting misdemeanor offense public record of entries so that a person serious injury; Aggravated that is not an offense who is entitled to expunction may omit assault or assault and battery included in subsection on an individual with a (f) or (g) of this section. reference to the charges to potential disability; Patient abuse and employers and others, and so that a d.No charge was filed neglect, intentional records check for prior arrests and within the statute of conduct proximately causes limitations, if any. convictions will not disclose the expunged death; Domestic abuse of entries. Neither the statute nor the order of disabled or elder adults e. No conviction has expunction entered at defendant's request resulting in injury; Assault occurred, at least three inflicting serious bodily injury years has passed since requires the destruction of investigative or injury by strangulation; the date of arrest, files.”). Habitual misdemeanor and no active assault; Discharging certain prosecution is barreled weapons or a firearm occurring. into occupied property; (2) The person's DNA record Assault with a firearm or is not required to be in the other deadly weapon upon State DNA Database under governmental officers or some other provision of law, employees, company police or is not required to be in officers, or campus police the State DNA Database officers; Adulterated or based upon an offense from misbranded food, drugs, etc.; a different transaction intent to cause serious injury or occurrence from the one or death; intent to extort; which was the basis for the Assault with a firearm on a person's arrest. law enforcement, probation, or parole officer or on a If any person is charged person employed at a State or with a crime, either a local detention facility; misdemeanor or a felony, or Assault or affray on a was charged with an firefighter, an emergency infraction under G.S. medical technician, 18B-302(i) prior to medical responder, emergency December 1, 1999, and the department nurse, or charge is dismissed, that department nurse, or charge is dismissed, that emergency department person may petition the physician; Assault inflicting court of the county where serious injury on a law the charge was brought for enforcement, probation, or an order to expunge from all parole officer or on a person official records any entries employed at a State or local relating to his apprehension detention facility; Discharging or trial. 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, . (8) Armed robbery; 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) inflicting serious injury and Child abuse inflicting serious bodily injury. (15) ; maliciously kill by intentional deprivation of necessary sustenance; and Cruelty to animals; maliciously , mutilate, maim, cruelly beat, disfigure, poison, or kill. (16) Attempt to conceal evidence of non-natural death by dismembering or destroying remains.

North Dakota Law enforcement State crime laboratory Felonies At booking, or Yes, from adults Yes – must petition court if officer, or correctional first court only. case was acquitted, NDCC § 31-13-01. Definitions personnel. appearance. dismissed, plead to lesser included misdemeanor charge; or if felony charges never brought. § 31-13-03. Individuals to be tested--Costs

§ 31-13-07. Removal of DNA profiles from database

Ohio Yes, from adults and Felonies If arrested: At intake The head of the Bureau of Upon request minors. process at jail, corrections arresting law Criminal R.C. § 2901.07. DNA testing of certain facility, police station; enforcement Identification and agency - sheriff Investigation prisoners If court summons: court or deputy will order submission DNA sheriff - is within 24 hours of court § 2152.74. DNA specimen collected from responsible. appearance juvenile adjudged delinquent

Case Law: Ohio v. Keith, 62 N.E.3d 649 (Oh. Ct. App. 2016) (“The court suppressed the DNA sample and any subsequent test results of that specimen on the ground that [the detective] was not statutorily authorized to collect the DNA sample from [the defendant]. The trial court noted that R.C. 2901.07(B)(1)(a) authorizes collection of a DNA specimen from an adult arrested for a felony during the intake process at the jail; however, although [the defendant] was under arrest, [the detective] obtained the sample prior to [the defendant]'s being booked into the county jail.”). Crabbs v. Scott, 786 F.3d 426 (6th Cir. 2015) (“The statute mandates DNA collection ‘during the intake process.’”). Emerson v. Kelly, 2015 WL 3968250 (N.D. Ohio 2015) (“R.C. 2901.07 does not support the inclusion of [the defendant’s] profile in CODIS.”). Ohio v. Bolton, 2012 WL 171039 (Ohio Ct. App. 2012) (“[In the context of law enforcement, the taking of a DNA sample is akin to the taking of a fingerprint and does not unduly infringe on an offender's privacy interests. Accordingly, the DNA sample taken from appellant while he was in prison on an unrelated charge was not unconstitutional pursuant to R .C. 2901.07.”). Ohio v. Taylor, 1st Dist. Hamilton No. C-150488, 2016-Ohio-4548, ¶ 6. (“R.C. 2901.07(B) confers no substantive rights on a defendant because its requirements ‘were not intended to benefit the defendant, but rather to facilitate the DNA testing of felony offenders for the maintenance of a DNA database.’”).

Oklahoma Yes, from adults only. Felonies At booking; but shall not Department of Oklahoma State Automatic – when no 22 Okl. St. Ann. § 210. Felony be analyzed and shall be Corrections, or a Bureau of charges filed and statute of arrest--DNA testing required destroyed unless: Valid peace officer, or Investigation limitations runs; felony felony arrest or warrant county sheriff’s (OSBI) charge dismissed by state or issued; affirmative finding office court. 22 Okl. St. Ann. § 211.1. DNA Information of probable cause after inadmissible post-expungement date hearing; Defendant failed to appear for a scheduled hearing; or DNA sample provided as part of plea 74 Okl. St. Ann. agreement. § 150.27 .Deoxyribonucleic acid (DNA) laboratory--Coordination of use with law enforcement agencies--Forensic DNA technical manager

74 Okl.St.Ann. § 150.27a. OSBI Combined DNA Index System (CODIS) Database

Oregon No. N/A N/A N/A N/A N/A N/A

Pennsylvania N/A No. N/A N/A N/A N/A N/A

Puerto Rico 34 L.P.R.A. § 4006 Yes, from any person. Cause for arrest for having At Puerto Rico Police Puerto Rico Institute of Automatic if charges dismissed, or if court finds the Persons subject to committed or attempted to fingerprinting Department the Forensic Sciences accused not guilty. sampling commit any of the and booking at Institute of following crimes: Murder; the police Forensic Sciences Manslaughter; Abortion; station or 34 L.P.R.A. § 4007 Abortion committed or headquarters consented by the woman; where the Testing procedure Abortion by force or person is violence; Human cloning; detained after Aggravated battery; Child arrest. 34 L.P.R.A. § 4011 abduction; Child Elimination of corruption; Sexual assault; record and Lewd acts; Bestiality; destruction of Proxenetism, pandering, sample and human trafficking; Aggravated proxenetism, pandering, and human trafficking; Production of child pornography; Possession and distribution of child pornography; Use of a minor for child pornography; Slavery; Aggravated restriction of freedom; Kidnapping; Aggravated kidnapping; Aggravated burglary; Genocide; Crimes against humanity Rhode Island Yes, from adults only. “Any crime of violence,” At booking, but Law enforcement Department of Health Automatic if charge not supported by probable RI Gen.Laws 1956, including: murder, sample shall not personnel cause; arrest does not result in a charge; voluntary manslaughter, first-degree be tested or dismissal of the charge by state; dismissal by a § 12-1.5-2. arson, kidnapping with placed in court; not guilty verdict after trial; upon the Definitions intent to extort, robbery, database prior vacating or the reversal of a conviction in which the larceny from the person, to arraignment state does not retry the defendant or appeal the

first-degree sexual assault, unless: decision; or loses such appeal upon hearing; or second-degree sexual upon any plea or conviction of a lesser offense that (1) affirmative assault, first- and would not give rise to DNA sampling. Upon written finding of second-degree child request and completion of a program of diversion probable cause molestation, assault with or the completion of the term of a sentence of RI Gen.Laws 1956, after hearing; or intent to murder, assault deferment, or of the granting of a pardon. § 12-1.5-3. Powers with intent to rob, assault (2) defendant and duties of the with intent to commit was released department of first-degree sexual assault, and failed to health burglary, and entering a appear, or dwelling house with intent escaped custody

to commit murder, prior to robbery, sexual assault, or appearing larceny. before a judicial officer RI Gen.Laws 1956, No sample will § 12–1.5–8. DNA be taken if a Sample Required sufficient upon Arrest or sample from the Conviction for Any person has Crime of Violence already been collected

RI Gen.Laws 1956, § 12–1.5–13. Expungement

R.I. Admin. Code

60-05-2.3. Definitions

R.I. Admin. Code

60-05-2.6. State of Rhode Island DNA Databank

R.I. Admin. Code 60-05-2.10. Expungement

South Yes, from adults and Felony offense or an offense At jail, sheriff’s office, Law South Carolina Automatic – Solicitor in Carolina minors. punishable by a sentence of courthouse, or detention enforcement Law Enforcement county where charged must SC Code § 23–3–610. State DNA Database five years or more; Also, if facility at time of booking agency or Division (SLED) notify SLED when adult: eavesdropping, peeping, and processing, or other corrections expungement is available: if Established; Purpose stalking. location when the taking of agency with charge was nolle prossed, fingerprints is required custody dismissed, reduced to prior to a conviction. misdemeanor; or if found not guilty.

§ 23–3–620. When DNA Samples Required

§ 23–3–660. Expungement of DNA Record; Grounds for Requesting

S.C. Code of Regulations R. 73-61. State DNA Database

South Dakota Any “qualifying Upon booking, or as Yes, from adults only. The agency with The South A person may request offense,” which means determined by the supervising custody. Dakota State expungement on the SDCL § 23–5a–2, Establishment of State (1) any felony; (2) a agency. Forensic grounds that the arrest that crime of violence (any Laboratory led to the collection of the DNA Database and State DNA of the following crimes DNA has not resulted in a Databank—Purpose—Compatibility with or an attempt, felony charge within one FBI Procedures—Capabilities solicitation, or year; has been resolved by a conspiracy to commit dismissal, acquittal, or them: murder, misdemeanor conviction; or manslaughter, rape, has not resulted in a felony aggravated assault, riot, conviction; or the conviction robbery, burglary in the or delinquency adjudication § 23–5a–5.2, Adult Arrested for Qualifying first degree, arson, on which the authority for Offense Required to Provide DNA Sample kidnapping, felony including that person's DNA sexual contact, felony record or DNA profile was child abuse, or any based has been reversed other felony in the and the case dismissed. commission of which § 23–5a–28, Request for the perpetrator used Expungement—Grounds force, was armed with a dangerous weapon, or used any explosive or destructive device); or (3) a violation of chapter 22-22 (sex chapter 22-22 (sex offenses).

Tennessee Yes, from adults and Violent felonies, as defined by After a probable cause The arresting Tennessee Bureau Automatic if the charge is minors (by implication). statute. Includes attempt, hearing and before release authority. of Investigation, dismissed or the person is T.C.A. § 38–6–103, Forensic Services solicitation, conspiracy, from custody. Forensic Services acquitted at trial. The criminal responsibility, Division applicable court clerk must Division; Breathalizers; DNA Analysis; facilitation, or being an notify the Tennessee Bureau Backlog of DNA Analysis accessory after the fact to any of Investigation of this

of the enumerated crimes. disposition, and the Bureau shall destroy the sample and all records of it.

§ 38-6-113, DNA Analysis; Procedures; Databank

§ 40-35-321, DNA Analysis; Specimens

Texas Yes, from adults and minors Felonies for aggravated After arrest, The arresting law The Department of Public Upon acquittal or dismissal, the court shall order Tex. Gov’t Code (by implication). kidnapping with intent to immediately enforcement Safety the law enforcement agency that took the specimen inflict bodily injury or after agency. to immediately destroy the specimen and § 411.144, sexually violate or abuse fingerprinting associated records. Regulation of DNA victim; sexual indecency the arrestee and Laboratories; with a minor; sexual at the same Penalties assault; aggravated sexual location as the assault; incest; first-degree fingerprinting. felony burglary; compelling prostitution; violation of V.T.C.A., Penal Code § 43.25, Sexual Performance § 411.1471, DNA of a Child; possession or promotion of child Records of Persons pornography; continuous Arrested for, sexual abuse of young Charged with, or child(ren); or continuous Convicted of trafficking of persons. Certain Offenses Registered sex offenders are also required to provide a sample. Note that a DNA sample will be required on arrest § 411.151, only if the arrestee has Expunction or “been previously convicted Removal of DNA of or placed on Records deferred adjudication” for one of the above-listed crimes or for second-degree felony burglary. However, if a person is indicted or waives indictment for any of the above crimes, prior conviction is not a prerequisite for DNA collection.

Utah Department of Public If the charge is dismissed or Yes, from adults and Any felony, and At the time of The sheriff U.C.A. 1953 § 53–10–403, DNA Specimen Safety, Bureau of the individual is acquitted, minors age 14 and older. registered sex booking, but the Analysis—Application to Offenders, Forensic Services s/he may file a motion for a offenders. sample may not Including Minors court order requiring be processed destruction of the sample and until after a associated records. The probable cause Department of Public Safety hearing or will then destroy the sample indictment. and records. §53–10–404, DNA Specimen Analysis—Requirement to Obtain the Specimen

§ 53–10–404.5, Obtaining DNA Specimen at Time of Booking—Payment of Fee upon Conviction

§ 53–10–406, DNA Specimen Analysis—Bureau Responsibilities

Vermont No. N/A N/A N/A N/A N/A N/A

Case Law: State v. Medina, 197 Vt. 63 (Vt. 2014) (The Supreme Court of Vermont held that the DNA collection statute then in effect—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.)

Virgin Islands Any person charged After individual is Virgin Islands DNA Attorney Yes, from adults 5 V.I.C. § 4201. Written request where no criminal action with a designated charged Database and General, and juveniles Definitions was commenced within the statute of offense, including Databank (within the Bureau of tried as adults. limitations; or if case nolle prosequi or

juveniles tried as VI Dept of Justice, Corrections; dismissed with prejudice adults. Designated Office of Attorney Territorial § 4203. DNA sample offenses include: General) Probation required Felony or violent Office, or crime or any Board of § 4207. Confidentiality misdemeanor Parole and disclosure sexual offense or attempt or conspiracy to § 4209. Expungement commit such crimes. crimes.

§ 3732 Expungement of criminal records-when they may be expunged

Case Law: After a court held arrestees were not required to provide DNA without a warrant, the legislature revised the law in 2016 to cover individuals “charged with” designated offenses. People v. Turnbull, 61 V.I. 46 (Sup. Ct. V.I., Div. St. Croix 2014).

Virginia Law enforcement Department of Forensic Violent Felonies; or a After a probable Yes, from adults Automatic – clerk of the VA Code § 19.2–310.2:1. Saliva or Tissue agency responsible for Science violation or attempt of cause only. court notifies Dept. of Sample Required for DNA Analysis After arrest booking in the numerated other offenses, determination Forensic Science if case DNA testing Arrest for a Violent Felony jurisdiction. including the criminal code by a magistrate dismissed or defendant is provision applies provisions related to or grand jury acquitted, provided no to “every person” capital murder; burglary; and prior to other pending qualifying arrested for entering with intent to release from warrant or capias for an listed offenses, commit murder, rape, custody. arrest or qualifying felony but Va. Code § robbery, arson, larceny, conviction. 16.1-299.1 covers assault and battery, or DNA testing of other felony; breaking and minors and does entering with intent to not mention commit other misdemeanor. arrestees.

Washington No. N/A N/A N/A N/A May apply to WA state patrol West’s RCWA 5.70.020. Destruction of to have DNA reference DNA reference samples—Expungement of sample expunged when DNA reference sample data charges dismissed with prejudice or found not guilty.

West Virginia No. N/A N/A N/A N/A N/A N/A

Wisconsin Yes, from adults and minors. A “violent crime” – At booking, but Law enforcement Department of Justice (state May petition with court order if case dismissed, no W.S.A. § 165.76. Enumerated felonies; may not upload agency crime laboratories) charges filed after a year, acquittal, or if person was includes solicitation, to database found guilty and conviction reversed, set aside, or Submission of conspiracy, and attempt. unless arrested vacated. human biological (or juvenile Any juvenile taken into specimen taken into a custody for an offense that custody) due to would be a violent crime if a warrant, or committed by an adult. until after probable cause hearing (or after § 165.77. individual failed Deoxyribonucleic to appear at the initial acid analysis and appearance or data bank preliminary examination, or

delinquency proceeding, or waived the WI ADC § Jus. 9.05. preliminary Use of human examination). biological specimens for DNA data bank

Wyoming No. N/A N/A N/A N/A N/A N/A

Conviction

Does the law require a What convictions require Does the law Does the law mandate What agency collects What agency manages Can the conviction Statutes DNA sample to be collection of a DNA require DNA when the DNA sample the DNA sample after the analysis and DNA sample be collected from the sample? collection when a must be collected after conviction? preservation in the expunged? defendant when they defendant is conviction? DNA database? are convicted of a found not guilty crime? by reason of insanity/mental defect/illness?

Alabama Yes. Felony conviction, sex N/A "When ordered by Department of Director of the Yes – upon reversal Ala.Code 1975 § 36-18-22. Powers crime misdemeanor sentencing court" or Corrections Alabama Department of conviction, the of director. conviction, felony arrest, of Forensic Sciences (Forensic Sciences) "upon request of Ala.Code 1975 § 36-18-24. sexual offense arrest director is authorized (Forensic Sciences) DNA database and empowered to director; or expunge DNA records Ala.Code 1975 § 36-18-25. for persons convicted: upon request of the Collection of DNA samples from as specified by the person from whom convicted persons. (Forensic Sciences) the sample was taken. Ala. Code 1975 § 36–18–26. director as a DNA sample is Expungement of DNA Records. mandatory condition expunged upon order of any term or of the circuit court. probation or suspended sentence; or for persons serving probation: (1) upon request of the (Forensic Sciences) director or (2) as ordered by the sentencing court as a mandatory condition of parole or probation if initial submission is refused, or for persons arrested for a felony offense after October 1, 2010: “at the same time he or she is fingerprinted she is fingerprinted pursuant to the booking procedure or at the time of arrest”

Alaska Yes- upon written AS §44.41.035 DNA Felony, or “crime Not indicated in the Department of Public The Department of Yes. Yes. request to Dept. of Identification System against a statute. Safety; juvenile or adult Public Safety Public Safety, with a person,” or a correctional, probation, ALASKA ADMIN. CODE Alaska regulations certified copy of a person required or parole officer or a TIT. 22, § 20.200 regarding standard court order which to register as a peace officer conditions of parole establishes that the sex offender or a include providing a conviction was kidnapper; DNA sample if parolee reversed and the Applies to is being released after person was not adjudicated conviction of an reconvicted or juveniles age 16 offense requiring the convicted for another or older state to collect a DNA crime requiring sample. submission of a DNA sample.

Arizona Yes, adults and Adults: All felonies Yes, for sex Within 30 days of State and county Department of Public Yes – where A.R.S. § 13-610. DNA Testing adjudicated juveniles offender registry sentencing to the state corrections officials, as Safety conviction is Juveniles, if adjudicated eligible offenses department of well as juvenile overturned and a delinquent for: murder, corrections, arrival in corrections officials, final mandate issued forcible sexual assault, Arizona as a parolee may collect on behalf and upon petition to armed robbery, other or probationer, or of Dept. of Public Safety the superior court in violent felony offenses, conviction and the county where enumerated crimes of sentencing to conviction occurred, burglary, , parole/probation the court shall order certain drug offenses, that the sample be and sex offenses, expunged unless the including sex offender person has been registry offenses, sexual convicted of a exploitation of children, separate offense that incest requires a DNA sample

Arkansas Yes. Felonies, and all sex Unclear If not immediately A law enforcement State Crime Laboratory Yes. ARK. CODE ANN. §12-12-1006. offenses taken at arrest, or at official or corrections Fingerprinting, DNA Sample (1) must petition the first appearance in official Collection, and Photographing; Juveniles (less than 18) State Crime court, then after plea are exempt unless Laboratory upon ARK. CODE ANN. §12-12-1019. of guilty or nolo charged as an adult or reversal of conviction; Removal and destruction of the DNA contendere the court plead guilty or nolo record and DNA sample will order DNA (2) provide a court contendere to or found sampling order for removal ARK. CODE ANN. §12-12-1105. guilty of a felony offense and destruction of State DNA Data Base the DNA record; and (3) provide a certified copy of the reversal.

California Yes – and when found Felonies (including Yes If not already taken at Department of Department of Justice, Yes – A petitioner West's Ann. Cal. Penal Code § not guilty by reason of juveniles convicted of arrest, then “as soon Corrections and DNA Laboratory must demonstrate 295.Short Title; Findings and Intent; insanity felonies) and sex crime as administratively Rehabilitation one of four specific Administration and Implementation misdemeanors practicable” or upon conditions: (1) of Chapter; Responsibility for (including juveniles) court order at charges were either Collection of Specimens, Samples where sex offender sentencing. not filed or were and Imprints; costs and funds registration is required dismissed, (2) charges West's Ann. Cal. Penal Code § 296. resulted in an Offenders Subject to Collections of acquittal, (3) any Specimens, Samples, and Print conviction was Impressions reversed and the case dismissed, or (4) the West's Ann. Cal. Penal Code § 299. petitioner was found Reversal, Dismissal or Acquittal; factually innocent. Request for expungement of information; procedure; specimens Must petition the from persons no longer considered court and provide a suspects copy of the request to the DNA Laboratory Case Law: and the prosecuting In re C.B., 6 Cal. 5th 118, 425 P.3d attorney. DNA 40 (2018) (Minors who had laboratory must submitted fingerprint and DNA destroy the sample samples under the DNA and and expunge the Forensic Identification Data Base profile upon receipt and Data Bank Act of 1998, as of a court order. modified by Proposition 69, in connection with felony grand person adjudications were not entitled to have DNA samples expunged from databank after felonies were reduced to misdemeanors pursuant to Proposition 47, the Safe Neighborhoods and Schools Act; even though minors no longer were convicted of felonies, they could not show lack of charges, acquittal, appellate reversal, or a finding of factual innocence required for expungement.).

Colorado Yes Felonies N/A If not at arrest, then The arresting law Colorado Bureau of Yes – written request C.R.S.A. §16–23–103. Collection of “an appropriate enforcement agency Investigation to Colorado Bureau of Biological Samples from Persons agency may collect a Investigation, after arrested for or charged with Felonies sample at any other case dismissed, no C.R.S.A. §16–23–104. Collection and time during the adult's charges filed or plea Testing detention or during to lesser misdemeanor the pendency of §16–23–105. Expungement charges”

Connecticut Yes. Conviction (or if found Yes Prior to release from Department of Division of Scientific Automatic upon C.G.S.A. § 54-102g. Blood or other not guilty by reason of custody if Corrections; Court Services within the reversal and biological sample required from mental disease or defect) incarcerated; or at a Support Services Department of dismissal of a certain arrested or convicted for felony, crime against time and date Division of the Judicial Emergency Services conviction or a persons for DNA Analysis a minor, nonviolent specified by Court Department; or the and Public Protection reversal and C.G.S.A. § 54–102h. Procedure for sexual offense or Support Services Commissioner of dismissal of a finding Collection of Blood or Other sexually violent offense Division of the Judicial Mental Health and of not guilty by Biological Sample for DNA Analysis Department Addiction Services or reason of mental the Commissioner of disease or defect or C.G.S.A. § 54–102i. Procedure for Developmental Services upon acquittal Conducting DNA Analysis of Blood or Other Biological Sample C.G.S.A. § 54–102L Expungement of DNA Data Bank Records and Destruction of Samples

Case Law: Connecticut v. Banks, 71 A.3d 582, 143 Conn. App. 485 (2013) (Statute requiring all felons in custody to submit to collection of DNA sample implicitly included permission to use reasonable force to obtain sample in order to achieve legislature's goal of creating DNA data bank, and legislature later amended statute to permit state to use reasonable force.).

Delaware Yes. Felonies N/A At time and place of Department of Division of Forensic Must petition court if 29 Del.C. § 4713. DNA analysis and sentencing Correction Science conviction reversed data bank or case dismissed. Division of Forensic Science must destroy upon receipt of court order

District of Yes. Felonies and sex crime N/A At conviction Court Services and Department of An individual must DC ST § 22-4151. Qualifying Columbia misdemeanors or Offender Supervision Forensic Sciences petition the court. offenses attempted felonies and Agency coordinates DNA Analysis Backlog Elimination sex crime misdemeanors DNA collection by DNA Act of 2000 42 U.S.C.A. §§ 14135 ET contractors SEQ. and 10 U.S.C.A. § 1565

Case Law: Johnson v. Quander, 370 F. Supp. 2d 79 (2005) (Probationer convicted on two counts of unarmed robbery challenged the validity of the DNA Analysis Backlog Elimination Act and District of Columbia's implementing statute, after refusing to provide a DNA sample as required. The Court held that requiring a person to submit to a DNA sample for testing is not a punitive requirement, but rather one that serves a proper governmental regulatory function. Moreover, the government has a compelling interest in maintaining this regulatory function through the CODIS database. The government is not violating the plaintiff's privacy interest by retaining his DNA sample after his sentence has been completed.).

Florida Yes. Felonies, including N/A The earliest of: at Department of Law Department of Law Yes – must provide F.S.A. § 943.325. DNA database , in Florida or booking for those Enforcement; or if Enforcement written request and

similar offenses in offenders arrested in qualifying offender is proof of the another jurisdiction. Florida, not less than incarcerated the “entity following: a certified Case Law: 45 days before release responsible for the jail copy of the No Enumerated Morrow v. State, App. 4 Dist., 914 from incarceration or or facility shall ensure Information or Nolle Misdemeanors: Stalking, So.2d 1085 (2005) (Retroactive custody in Florida, or that a DNA sample is Prosequi filed by the Voyeurism, Prohibition application, against defendant upon conviction which promptly secured and state attorney, or of certain acts in nearing the end of probation, of results in commitment transmitted to the final court order or connection with obscene, statute requiring persons convicted to jail, correctional department” other official lewd, etc., materials; of certain crimes and still facility or juvenile documentation Exposing minors to incarcerated or subject to court facility. If the offender showing charge was harmful motion supervision to provide biological is not incarcerated dismissed, or pictures, exhibitions, samples for DNA testing did not following conviction, acquittal, or no shows, presentations, or violate ex post facto clause; statute that offender may not charge filed within representations; did not alter the elements of be released from the applicable time Computer pornography, defendant's criminal conduct or custody until the DNA period prohibited computer increase the penalty for his crime.). sample is collected. usage, traveling to meet M.S. v. State, App. 4 Dist., 987 So.2d minor; Direct 774 (2008) (Juvenile could not be observation, videotaping, required to submit to DNA testing or visual surveillance of following adjudication of customers in merchant's delinquency, as juvenile was not dressing room, etc., adjudicated delinquent of offense Certain gang activities enumerated in the DNA statute but, rather, offense of making a false fire alarm.).

Georgia Felonies Upon “entering the Department of Yes. N/A Georgia Bureau of Automatic GA ST § 35-3-160. Samples detention facility or Corrections Investigation, Division expungement and required; storage in DNA data bank being placed on of Forensic Sciences destruction of DNA GA ST § 35-3-165. Expungement of probation” samples collected records from individuals within 30 days of the receipt of a certified Case Law: copy of a court order reversing the Padgett v. Donald, 401 F.3d 1273 conviction together (2005) (Georgia statute requiring with a court order or extraction of saliva from documentation incarcerated felons for DNA stating that the profiling did not violate prisoners' charges were rights to privacy under the Georgia dismissed, a Constitution.). judgment of United States v. Hinton, 676 Fed. acquittal, a Appx. 842, 2017 WL 191930 (2017) sentencing order (Even if Georgia Bureau of showing that all Investigation's creation of felony charges were defendant's DNA profile following reduced to prior felony offense, its uploading misdemeanors or a and retention in database after his court order showing incarceration ended, and the successful running of comparison to other completion of the DNA profiles after his release sentence. constituted searches, the searches were reasonable under the Fourth Amendment.).

Guam Yes. Criminal sexual conduct N/A Within 3 days of Guam Police Criminal Records Not addressed 8 G.C.A. § 120.202 DNA Testing offenses or a crime conviction, or if Department Division of the Guam Requirements against a minor released on parole or Police Department 9 G.C.A. § 89.03 Registration; Duty probation, at the time to Register of initial registration on Guam or within 30 8 G.C.A. § 120.203 Mandated Central working days of initial Criminal Records Repository for registration, or if DNA Sampling required to register as a sex offender, at the time of initial registration on Guam or within 30 working days upon conviction.

Hawaii Yes (not including Felonies Yes If incarcerated, testing Department of The police department Upon written request HI ST § 844D-21. COLLECTION OF juveniles) is immediate; if on Corrections or Law of the city and county with proof of service SPECIMENS, SAMPLES, AND PRINT probation, parole or Enforcement of Honolulu to: the trial court of IMPRESSIONS AT CORRECTIONAL other release, within the circuit that FACILITY OR OTHER DETENTION 20 working days’ rendered the FACILITY notice of need for disposition, to the HI ST § 844D-31. OFFENDERS testing; if person police department of SUBJECT TO COLLECTION accepted into Hawaii the city and county of from other Honolulu, and to the HI ST § 844D-35. COLLECTION jurisdictions and not prosecuting attorney FROM PERSONS ON PROBATION, confined, within 20 of the county in PAROLE, OR OTHER RELEASE working days of which the person was HI ST § 844D-37. COLLECTION reporting to convicted or FROM PERSONS ACCEPTED INTO supervising agent or adjudicated; if HAWAII FROM OTHER within 5 calendar days collection occurred JURISDICTIONS of notice, whichever while a suspect, if no occurs first; if a sex longer a suspect after HI ST § 844D-53. ANALYSIS OF offender or offender 2 years then the FORENSIC IDENTIFICATION PROFILES against minors, then at department shall HRS § 844D-71. Expungement of the time of remove the suspect DNA information from state DNA registration or sample from its data database and data bank updating registration, bank files. identification program the person will receive a collection HI ST § 844D-72. DESTRUCTION OF appointment, but if SAMPLES AND EXPUNGEMENT OF prior to the time of the SEARCHABLE DNA DATABASE required registration PROFILE update, the person is notified that the person is subject to collection, then the person shall undergo collection within 10 calendar days of the notification.

Idaho Yes (including Felonies, the attempt to N/A After conviction or Idaho State Police, or Idaho State Police, Upon written request ID ST § 19-5506. SCOPE OF juveniles tried as commit a felony, and guilty plea but before the chief administrative Bureau of Forensic with proof of service LAW--OFFENDERS SUBJECT TO adults) any crime that requires sentencing, or during officer of any state or Science to: the trial court SAMPLE COLLECTION--EARLY sex offender registration the intake process at local detention facility, which rendered the COLLECTION OF facility or as soon as jail or other facility; disposition, bureau of SAMPLES--RESTITUTION practicable; if the director of the forensic services, and ID ST § 19-5507. RESPONSIBILITY person bypasses a department of correction prosecuting attorney FOR SAMPLE COLLECTION--TIMING prison inmate of the county in OF SAMPLE COLLECTION--SITE FOR reception center, then which the person was SAMPLE COLLECTION prior to physical convicted. Request release from custody; should contain ID ST § 19-5510. APPLICABILITY OF if the person is not certified copy of CHAPTER incarcerated at the court order reversing time of sentencing, and dismissing case ID ST § 19-5513 EXPUNGEMENT OF then the court shall INFORMATION order the person to report within 10 working days to the collection facility; when the state accepts an offender from another state and the offender is not confined, then within 10 working days after reporting to the supervising agent or of notice to the offender, whichever occurs first; when the state accepts an offender from another state and the offender is confined, then as soon as practicable; if for any reason a person subject to collection has not provided a DNA sample, then within 10 working days of being notified of the requirement

Illinois Any felony under If incarcerated, within Illinois Illinois Department of Yes (including Yes, or if Automatic upon 730 ILCS 5/5-4-3. Specimens; Illinois law; anything 45 days of Department of State Police, Division juveniles), or received a “institutionalized as a receipt of notification genetic marker groups for which a person is sentencing/disposition, State Police of Forensic Services disposition of court sexually dangerous of a reversal of a 730 Ill. Comp. Stat. Ann. 5/5-4-3 sentenced to life or prior to discharge, supervision, or person" conviction or the imprisonment or release on parole, institutionalized as a granting of a pardon death; “qualifying aftercare release, or sexually dangerous specifically stating offenses” and attempts mandatory supervised person, or committed the actual innocence to commit qualifying release, whichever is as a sexually violent of an individual offenses sooner; if seeking person transfer to or residency Specifically in Illinois under Sections Enumerated Felonies: 3-3-11.05 through Criminal Sexual Abuse, 3-3-11.5, within 45 Aggravated Criminal days after transfer to or Sexual Abuse; Indecent residency in Illinois or Solicitation of a Child; before final discharge; if Sexual Exploitation of required by court order, a child; Sexual then within 45 days of Relations Within the order; if a sex Families; Patronizing a offender, at the time of minor engaged in initial registration or prostitution; First next required registration Degree Murder; Second Degree Murder; Kidnapping; Aggravated Kidnapping; Robbery; Aggravated robbery; Armed robbery; Vehicular hijacking; Aggravated vehicular hijacking; Vehicular invasion; Burglary; Possession of burglary tools; ; Concealment of homicidal death; Presence within school zone by child sex offenders; approaching, contacting, residing with, or communicating with a child within certain places by child sex offenders; Stalking; Aggravated stalking Any person seeking to transfer to or residency in Illinois under Sections 3-3-11.05 through 3-3-11.5 Any person required to register as a sex offender under the Sex Offender Registration Act Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or the Criminal Code of 2012 or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987 may be required by an order of the court

Indiana Department of Superintendent of State Upon request to IC § 10–13–6–8 Yes. Conviction for a felony, N/A Immediately after sentencing or if Correction; county Police Superintendent Powers and Duties of conspiracy to commit a the person is not confined at the sheriff if the offender of State Police Superintendent felony, or attempt to time of sentencing, no more than 7 is held in a county jail with certified commit a felony days after sentencing. IC § 10–13–6–10 or other county penal copy of court Convicted Felons to facility, placed in a order provide DNA sample community corrections establishing program, placed on conviction was IC § 10–13–6–18 probation or released reversed and Removal of DNA profile on bond; the case was IC § 35-38-1-27 supervising agency if dismissed Requirement to the person is on provide DNA sample conditional release; or the sheriff if the person is arrested for a felony

Iowa Yes. Felonies, and Yes As soon as practicable A supervising agency Department of Public Upon written request Iowa Code 81.2. Persons Required to “aggravated if incarcerated, or “the having control, custody, Safety, Division of to the Division of Submit a DNA Sample misdemeanors”; a supervising agency or jurisdiction over the Criminal Investigation Criminal Iowa Code 81.4 Collecting, person determined to be shall determine the person, according to Investigation, with Submitting, Analyzing, Identifying a sexually violent date and time to rules adopted by the certified copy of final and Storing DNA Samples and DNA predator; a person found collect the DNA Division of Criminal court order reversing records not guilty by reason of sample” Investigation the conviction, insanity of an offense adjudication, or civil Iowa Code 81.9. Expungement of requiring a DNA sample; commitment and DNA Record a juvenile adjudicated certified copy of the delinquent of an offense dismissal to which an adult offender would be required to submit a DNA sample; a person required to register as a sex offender

Kansas Yes. Felonies, and N/A Prior to final discharge The custodial law Kansas Bureau of Upon petition to the K.S.A. 21-2511. Collection of enumerated or conditional release enforcement agency, or Investigation court, if case is biological samples, fingerprints and misdemeanors: Lewd juvenile justice agency overturned, other identifiers from certain and lascivious behavior, expunged, or a persons; Kansas bureau of Cruelty to animals, verdict of acquittal investigation, powers and Criminal restraint, duties; expungement of sample and Adultery, Buying sexual profile record; failure to provide relations, Sexual battery, sample, penalties; other unlawful acts Aggravated sexual

battery, (Attempt or Conspiracy to commit) Case Law: Criminal solicitation, Kansas v. Biery, 318 P.3d 1020 (Kan. Rape Ct. App. 2014) (“The statute does not violate the Fourth Amendment to the United States Constitution or § 15 of the Kansas Constitution Bill of Rights and is constitutional.”) State v. Martinez, 78 P.3d 769 (Kan. 2003) (“The addition of burglary to the crimes included in [K.S.A. 21–2511] does not make the statute unconstitutional.”).

Kentucky Yes. Felonies; juveniles (at N/A “In an approved Department of Department of Written request to KRS § 17.170. MAINTENANCE OF least 14 years old) manner by authorized Corrections; Kentucky State Police Department of DNA SAMPLES COLLECTED BEFORE adjudicated delinquent personnel,” or if Department of Juvenile Forensic Laboratory Kentucky State Police MARCH 27, 2009; PERSONS of any felony, incest, released from custody Justice with certified copy of REQUIRED TO PROVIDE DNA criminal attempt or upon sentencing or court order reversing SAMPLE; PERSONS AND criminal conspiracy to adjudication, must and dismissing PROCEDURES AUTHORIZED FOR commit a felony or immediately report to conviction or DNA SAMPLE COLLECTION; incest, or being a local probation and adjudication, or ADMINISTRATIVE REGULATION; juvenile sexual offender; parole office for deeming charges PENALTIES FOR REFUSING TO any person who is collection dismissed-diverted PROVIDE DNA SAMPLE OR required to register as a due to successful TAMPERING WITH SAMPLES OR sex offender completion of CONTAINERS pre-trial diversion KRS § 17.175. CENTRALIZED program DATABASE FOR DNA IDENTIFICATION RECORDS; ANALYSIS AND CLASSIFICATION OF EVIDENCE; EXEMPTION FROM KRS 61.870 TO 61.884; EXPUNGEMENT OF INFORMATION AND DESTRUCTION OF DNA SAMPLE; PENALTY FOR UNLAWFUL USE OF DNA DATABASE IDENTIFICATION SYSTEM SYSTEM KRS § 422.285. PERSON CONVICTED OF CERTAIN OFFENSES MAY REQUEST DNA TESTING; RIGHT TO COUNSEL; DEPOSIT; COURT ORDERS; COST; ACCESS TO REPORTS; PRESERVATION OF EVIDENCE; DISMISSAL; HEARING WHEN RESULTS FAVORABLE TO PETITIONER

Louisiana Yes (adults and minors) Felonies, or N/A If sentenced: upon Deparment of Louisiana State Police Upon written request LSA-R.S.15:604. Powers and Duties felony-grade delinquent intake at the place of Corrections with a certified court of State Police; act, including attempt, booking, incarceration, order of LSA-R.S.15:609. Drawing or taking conspiracy, criminal or confinement; or expungement and of DNA samples; solicitation, or accessory immediately after sealing after the fact sentencing at a prison, LSA-R.S. 15:610. Procedures for jail unit, juvenile withdrawal, collection, and facility, or other transmission of DNA Samples; facility to be specified LSA-R.S. 15:614. Removal of Records by the court

Maine Yes. Enumerated Felonies N/A May be taken at any Department of Chief of the State Police Petition the Superior 25 M.R. S. § 1573. Responsibility for For Adults: Murder; A time during the period Corrections Court for DNA Identification Record System; Class A, B or C crime; of incarceration; or if expungement due to Procedural Compatibility with the FBI Sexual abuse of a minor; no incarceration, may reversal or dismissal 25 M.R. S. § 1574. Biological Sample Unlawful sexual contact; be taken at any time of conviction or Required for DNA Analysis upon Visual sexual aggression during period of adjudication; Chief of Conviction or Adjudication against a child; probation the State Police will Sexual contact with a purge the record 25 M.R.S. § 1575. Procedure for If incarcerated prior to child under 14 years of upon receipt of an collection of a biological sample for January 1, 1996, age; Solicitation of a expungement order DNA analysis before release from the child by a computer to and certified copy of corrections system 25 M.R.S. § 1577. DNA records commit a prohibited act; the order reversing Solicitation of a child to and dismissing commit a prohibited act conviction or on or after October 1, adjudication 2012; or Any Enumerated Felonies For Minors: Murder; Felony murder; Manslaughter; Aggravated assault; Elevated aggravated assault; Gross sexual assault; Unlawful sexual contact; Kidnapping; Criminal restraint; Burglary; Robbery; Arson; Aggravated criminal mischief; or Causing a catastrophe

Maryland Yes. Felonies; or Burglary in N/A At sentencing or on Department of Department of State Automatic – if MD Code, Public Safety, § 2-504. the Fourth Degree, or intake to a Corrections or Police, Forensic conviction is finally Collection of DNA samples; Breaking and Entering correctional facility Department of State Sciences Division reversed or vacated MD Code, Public Safety, § 2-511. Motor Vehicle Police and no new trial is Destruction or expungement of DNA permitted, or if information person is granted unconditional pardon Case Law: Maryland v. King, 133 S. Ct. 1958 (2013) (“When officers make an arrest supported by probable cause to hold for a serious offense and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”)

Massachusetts Yes. An offense punishable N/A If sentenced to Duly authorized law Department of State Petition superior MASS. GEN. L. CH. 22E State DNA by imprisonment in state probation, submit a enforcement and Police (Director of the court if case was Database prison or any person DNA sample as a correction personnel Crime Laboratory) reversed and 515 MASS. CODE REGS. §§ adjudicated a youthful condition of probation and any physician, dismissed (after one 1.01–1.06. Collection, Submission, offender by reason of an forthwith upon nurse, healthcare year waiting period or Receipt, Identification, Storage, and offense that would be conviction; if worker, or person confirmation from Disposal of DNA samples punishable by sentenced to a term of approved and trained district attorney that imprisonment in the imprisonment, submit by the Director of the no further offense state prison if a DNA sample within Crime Laboratory contemplated) Case Law: committed by an adult 10 days of intake or return to the Landry v. Attorney General, 709 correctional facility to N.E.2d 1085 (Mass. 1999), certiorari which the inmate has denied 120 S. Ct. 785, 528 U.S. 1073 been sentenced; no (involuntary collection of DNA is a release from any search under the Fourth facility without Amendment; collection for collection convicted offenders upheld under federal and state constitutional challenge). Commonwealth v. Smith, 829 N.E.2d 1090 (Mass. Sup. J. Ct. 2005) (holding “that the statute extends to persons convicted of any felony, without regard to whether that conviction stems from an indictment in the Superior Court or a complaint in the District Court”).

Michigan Yes. Felonies – for both adult N/A In general, if not The law enforcement Department of State In general, automatic MICH. COMP. LAWS §§ and juveniles collected on arrest, agency responsible for Police if conviction that 28.171-28.176 DNA then a law the investigation of the formed sole basis for IDENTIFICATION PROFILING Enumerated enforcement agency or offense for which the collected sample SYSTEM ACT Misdemeanors: state agency shall individual is arrested reversed by appellate Disorderly person by MICH. COMP. LAWS ANN. § obtain a sample at or or convicted court, the sentencing window peeping, 712A.18K DNA IDENTIFICATION after sentencing or court shall order Engaging in indecent or PROFILING; PROVIDING SAMPLES disposition (within 15 disposal obscene conduct in FOR CHEMICAL TESTING; days); or not later public, or Loitering in a ASSESSMENT; FORWARDING TO than 90 days after the house of ill fame or DEPARTMENT OF STATE POLICE; date on which the prostitution; Indecent DEFINITIONS prisoner or exposure; First and probationer is MICH. ADMIN. CODE R. 28.5051 second prostitution committed to prison –28.5059 DNA PROFILING SYSTEM violations; Leasing a or probation house for purposes of house for purposes of prostitution Each prisoner serving a sentence in a state correctional facility and each probationer placed in a special incarceration program

Minnesota M.S.A. § Yes. Collection N/A If not taken at arrest, “Prosecutors, courts, Bureau of Criminal Upon written request and where the 299C.105. DNA data required if upon sentencing or and probation officers Apprehension case was reversed and dismissed required convicted of a adjudication or before shall attempt to ensure Law explicitly provides that an felony or a crime release from a prison that the biological M.S.A. § expungement of a conviction does that would term served for a specimen is taken” 609.117.DNA analysis not result in deletion of DNA qualify as a qualifying underlying of certain offenders samples where charge supported by felony if a conviction required probable cause juvenile were an M.S.A. § 609A.03. adult Petition to expunge Collection if criminal records convicted of a lesser-included offense arising Case Law: out of the same In re Welfare of M.L.M., circumstances 813 N.W.2d 26, 28 when original (Minn. 2012) charge was a (upholding DNA felony 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) (upholding as constitutional required DNA sample for convicted felons).

Mississippi Yes. Felonies, crimes of N/A Before release from or Department of Mississippi Forensics May file motion to Miss. Code Ann. § 45-33-37. violence and convictions transfer to a state Corrections Laboratory destroy sample under DNA identification system; convicted for any sex offense or a correctional facility or certain circumstances sex offender to provide a biological sex offense requiring sex county jail or other (e.g., charge sample for purposes of DNA offender registration detention facility dismissed, no charge identification analysis filed, acquittal) Miss. Code Ann. § 45-47-1 DNA samples to be collected from persons arrested for commission of attempted commission of certain crimes of violence, destruction of sample; penalties for obtaining receiving or disseminating information in DNA data bank without authority Miss. Code Ann. § 47-5-183 Department of Corrections may create a postconviction DNA database Miss. Code Ann. § 97-3-2 Crimes of Violence defined

Missouri Certain felonies If not at booking, then Missouri state Department of Public Yes. N/A Available upon MO. ANN. STAT. §§ including offenses upon entering or before highway patrol, Safety request on grounds 650.050–650.060 DNA profiling against the person, release from the custody department of the conviction has system Missouri state highway (e.g., murder and of the department of corrections, and been reversed, the patrol crime § 589.407 Registration, required manslaughter, assault, corrections or a county the registering guilty plea has been laboratory is information -- substantiating harassment), sexual jail or other detention agency for sex set aside, or administrator of the accuracy of information offenses, prostitution, facility or upon offenders expungement of all index system offenses against the registering as a sex official records has family, or pornography offender been granted by the Case Law: and related offenses; court any sex offense; any Cooper v. Gammon, 943 S.W.2d 699, individual required to 704 (Mo. Ct. App. 1997) (upholding register as a sex challenge to required collection of offender DNA from a convicted second degree murderer and rejecting constitutional challenge (Fourth and Fifth Amendment, Due Process Clause, and Ex Post Facto Laws Clause)). Clevenger v. Gartner, 392 F.3d 977, 981 (8th Cir. 2004) (rejecting challenge when sample taken from convicted felon under prior version of statute that required collection only from “violent felons” when prisoner had not been convicted of a violent felony because statute subsequently amended to provide for collection from all felons).

Montana Department of Montana Department of Automatic – The MONT. CODE ANN. § Yes. • Felonies; N/A Upon sentencing Corrections if Justice, Forensic Science county attorney 41-5-1502 - • Youth found to have incarcerated, or if not Division of the county in Adjudicatory hearing committed a sexual or incarcerated, the which the violent offense in an 44-6-101 – Definitions sample must be conviction adjudicatory hearings; provided to a person or occurred shall 44-6-103 – Collection • Person required to entity designated by notify the MT of samples and register as a sexual or the county sheriff Department of maintenance of data violent offender; Justice of a • Person ordered to 44-6-107 – reversal of a provide a biological Expungement of DNA conviction for sample for DNA testing records the offense or by a judge as an adjudication of a 46-18-202 – additional restriction youth for a Additional restrictions on a sentence; sexual or violent on sentence • Adult offender offense convicted in another state and sentenced to death or imprisonment for more than 1 year who is subject to supervision by the department of corrections pursuant to the Interstate Compact for Adult Offender Supervision Nebraska Yes. A person who is N/A Upon intake to a Department of Nebraska State Patrol A person may request Neb.Rev.Stat. Ann. § 29-4103 - convicted of a felony prison, jail, or other Correctional Services Crime Laboratory expungement on the Terms, defined offense or other detention facility or and the Nebraska State grounds that the Neb.Rev.Stat. Ann § 29-4109. DNA “specified offense” institution to which Patrol conviction on which record; expungement; procedure (misdemeanor stalking such person is the authority for or in sentenced; or as a including such Neb.Rev.Stat. Ann § the second degree or an condition for any person’s DNA record 29-4106. Person subject to DNA attempt, conspiracy, or sentence which will was based has been sample; payment of costs solicitation to commit not involve an intake reversed and the case

stalking, false into a prison, jail, or dismissed. The imprisonment in the other detention Nebraska State Patrol Case Law: first degree, false facility or institution, shall purge all DNA imprisonment in the by a probation officer records and Shepard v. Houston, 855 N.W.2d second degree, knowing at a probation office. A identifiable 559 (2014) and intentional sexual person not placed on information in the abuse of a vulnerable probation shall have database pertaining to (Neb. Rev. Stat. Ann. § 29-4106(2), adult or senior adult, or such DNA sample the person and which prevented an inmate from a violation of the Sex collected by the county destroy all DNA being released prior to the Offender Registration sheriff. All such samples from the expiration of his maximum term of Act) who does not have persons shall not be person upon receipt confinement or revocation or a DNA sample available released unless and of a written request discharge from his probation unless for use in the State DNA until a DNA sample for expungement and and until a DNA sample was Sample Bank has been collected. a certified copy of the collected, was ruled an final court order unconstitutional ex post facto law in reversing and the context of requiring inmates to dismissing the submit a DNA sample before being conviction. discharged from confinement because the statute was retroactive in its application, as it changed the period of incarceration for a crime committed before its enactment, inmate did not have fair notice of changes to good time scheme and, at the time of his crimes, expected that his mandatory discharge date would be calculated based on a mandatory scheme of good time accumulation and that the only possible forfeiture of this good time would be in finite amounts upon the discretion of the prison officials upon gross or serious misconduct, and statute, in mandating forfeiture of good time and thereby increasing the period of incarceration, was punitive.).

Nevada Yes. • Felonies; N/A Upon booking the The arresting law The Forensic Science By written request to NEV. REV. STAT. ANN. § 176.0912 – • Crime against a child person into a city or enforcement agency. If Division of the Washoe the Central Biological Evidence secured in (kidnapping, false county jail or a biological specimen County Sheriff's Office Repository for connection with investigation; or imprisonment, detention facility, and was not previously oversees, manages and Nevada Records of prosecuion; required preservation involuntary servitude, before the person is obtained at the time of administers the State Criminal History, 176.0913 – Biological specimen to be , or an released from custody arrest, the Department DNA Database. using the Nevada obtained from certain defendants; attempt to commit any of Corrections shall Department of Public The board of county identifying information submitted to of these offenses); arrange for the Safety DNA commissioners of each central repository; genetic marker • Sex offenses as biological specimen to Expungement county is responsible analysis; release of information; defined in NRS be obtained if the Application, that the for selecting a forensic costs 179D.097; defendant is in their biological specimen laboratory to conduct • Abuse or neglect of an custody. This be destroyed and the 176.0917 - county to designate or oversee for the older person or a requirement applies DNA profile and DNA forensic laboratory to conduct or county any genetic vulnerable person; regardless of the date record be purged oversee analysis; criteria marker analysis that is • A second or of conviction. If the from the forensic required pursuant to 176.09121 – stste DNA database; subsequent offense for defendant is not laboratory, the State NRS 176.09123, establishment; duties stalking; committed to the DNA Database and 176.0913 or 176.0916. • An attempt or custody of the CODIS on the 176.09125 – destruction of conspiracy to do the Department of grounds that the biological specimen and purging of above; Corrections, the arrest which led to DNA record; grounds; written • Failing to register with Division shall arrange the inclusion of the request; duties of central repository; local law enforcement as for the biological biological specimen forensic leboratory and state DNA a convicted person as specimen to be or the DNA profile or database required if previously obtained from the DNA record: (1) has 176.09129 – storage and convicted of the above defendant. resulted in a felony maintenance of biological specimen, crimes in another charge that has been DNA profile, DNA record and jurisdiction or having resolved by a information; confidentiality;penalty been convicted of dismissal, the for unauthorized disclosure of crimes against a child or successful information a sexual offense. completion of a preprosecution 2016 Nev. OP. Att'y Gen. No. 11 diversion program (Dec. 12, 2016) pursuant to NRS 174.033, a conditional discharge, an acquittal or an agreement entered into by a prosecuting attorney and a defendant in which the defendant, in exchange for a plea of guilty, guilty but mentally ill or nolo contendere, receives a charge other than a felony; or (2) has not resulted in any additional criminal charge for a felony within 3 years after the date of the arrest. If a court or magistrate determines that probable cause did not exist for the person’s arrest, biological specimens are destroyed within 5 business days after receiving notice of the determination by the court or magistrate. New Department of Division of State Police, The department NH ST § 651-C:2 DNA Yes – and for any • Felonies; Yes Upon intake or prior to the release Hampshire Corrections Department of Safety or shall purge all Analysis Required person found not guilty • Misdemeanor sex contracted third party records and by reason of insanity or offenses under RSA NH ST § 651-B:1 – identifiable any person committed 651-B:1; Definitions information in to the secure psychiatric • Misdemeanor the database unit by order of the offenses against a child pertaining to the NH ST § 651-C:1 – court after being found under RSA 651-B:1 person and Definitions not competent to stand destroy all trial NH ST § 651-C:5 - samples from the Expungement of DNA person upon database records upon receipt of a reversal or dismissal written request of conviction for expungement pursuant to this NH ST § 135:17-A section (on the competency hearing; grounds that the commitment for criminal treatment conviction on NH ST § 651:8-B which the Hospitalization; authority for persons acquitted by including such reason of insanity person’s DNA record was based has been reversed or the case dismissed, provided that such person requesting expungement has no other criminal convictions which would require inclusion of his or her record in the database) and a certified copy of the court order reversing and dismissing the conviction. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual's reaching the age of adulthood.

New Jersey Yes – and for any • Murder; Yes If not at arrest; then Arresting law Division of State Police May apply for N.J.S.A. § 53:1-20.19 – Definitions person found not • Manslaughter; “upon commencement enforcement agency in the Department of expungement on the N.J.S.A. § 53:1-20.20 – Failure of guilty by reason of • Aggravated assault of of the period of Law and Public Safety grounds that all offivers to perform duties; insanity of aggravated the second degree; confinement.” If not at charges from the misdemeanor; removal sexual assault or • Kidnapping; the commencement of arrest that provided sexual assault or • Luring or enticing a the period of the basis for DNA N.J.S.A. § 53:1-20.22 – Procedures aggravated criminal child in violation; confinement, then collection have been for obtaining blood sample or sexual contact or • Engaging in sexual before parole or dismissed or resolved biological sample; persons criminal sexual conduct which would release from through acquittal at authorized to draw blood or collect contact, or any impair or debauch the incarceration. In all trial, or, if a juvenile, sample; liability attempt to commit any morals of a child scenarios, every the adjudication that N.J.S.A. § 53:1 20.25 - of these crimes, or person arrested for an provided the basis for Expungement of DNA record from adjudicated not offense enumerated DNA collection has state database; conditions delinquent by reason shall provide a DNA been reversed and the of insanity for an act sample prior to release case dismissed. which, if committed by from custody. If the entry in the Case Law: an adult, would database reflects constitute one of these A.A. ex rel. B.A. v. Attorney Gen. of more than one crimes New Jersey, 894 A.2d 31 (App. Div. conviction or 2006),aff'd , 914 A.2d 260 (2007) adjudication, that (One who obtains a reversal of a entry shall not be verdict of not guilty by reason of expunged unless and insanity is entitled to expungement until the person or of his or her profile and sample, the juvenile maintained upon dismissal of the adjudicated charges.). delinquent has obtained an order of expungement for each conviction or adjudication.

New Mexico Yes. Felonies, and N/A If not at arrest, then Collected at law Department of Public By written request if N. M. S. A. 1978, § misdemeanor sex prior to release enforcement Safety, based on rules conviction was 29-16-3. Definitions offenses “administrative center" established by the reversed N. M. S. A. 1978, § DNA Oversight 29-16-6. Collection of Samples Committee N. M. S. A. 1978, § 29-16-10. Expungement of samples and DNA records from the DNA identification system and CODIS

New York Yes. Felonies, and N/A At sentencing Department of Division of Criminal An individual NY Exec. Law § 995. Definitions misdemeanors – except Corrections Justice Services may submit a written § 995–C. State DNA Identification Marijuana Possession in notice to Division of Index 5th Degree Criminal Justice Services that the 9 NY ADC 5.143 Convicted offenders conviction was pursuant to a plea Directing the Commissioner of the reversed or pardoned agreement, as a Division of Criminal Justice Services condition of the DOCS to Expand the State DNA Temporary Release Identification Index to Include DNA Program, the DOCS Identification Profiles Obtained CASAT Program, the From Additional Convicted DOCS Shock Offenders Incarceration Program,

release on parole, post release supervision, Case Law: presumptive release, Samy F. v. Fabrizio, 176 A.D.3d 44 conditional release, or (N.Y. Sup. Ct., App. Div. 1D 2019) as a condition of (State Executive Law applies to probation or interim probation or interim testing, analyzing and retaining DNA probation supervision data by city medical examiner’s office, despite statutory language referencing “state” DNA identification index.). Samy F. v. Fabrizio, 176 A.D.3d 44 (N.Y. Sup. Ct., App. Div. 1D 2019). (Trial court had authority to consider whether expungement of minor defendant's DNA records from state DNA index system (SDIS) was warranted when DNA was collected during investigatory phase of crime that resulted in a youthful offender determination for defendant; Executive Law provided discretionary authority to court with respect to DNA material collected during investigatory, preconviction phase of criminal proceeding, and defendant would otherwise have had no means to seek discretionary expungement.). People v. Halle, 55 N.Y.S.3d 634 (N.Y. Sup. Ct., Bronx County 2018) (“[O]nly upon a criminal conviction and sentence is an individual required to provide DNA which, when uploaded to SDIS and CODIS, is then available for general comparison to crime scene evidence in unrelated cases.”). People v. Blank, 82 N.Y.S.3d 872 (Sup. Ct. Bronx Cnty. 2018); People v. K.M., 41 N.Y.S.3d 825 (Sup. Ct. Bronx Cnty. 2016) (Defendant, who was awaiting trial on charges for criminal possession of a weapon in the second degree and related counts, was entitled to protective order against local uploading of his DNA, and thus saliva sample from defendant would only be used for comparison purposes with respect to DNA profile previously generated from swab of pistol recovered pursuant to search warrant and would not be added to state or local databases pending conviction and sentencing; denying protective order would permit the operation of a shadow DNA index operating for half or more of the state's DNA comparisons, which would contravene Executive Law establishing one closely monitored DNA database and permitting inclusion for comparison only after conviction.). People v. Hall, 160 A.D.3d 896 (N.Y. Sup. Ct. App. Div. 2D) (“Executive Law § 995, et seq., only applies to the New York State DNA databank and does not apply to the [Office of Chief Medical Examiner] local databank.”). People v. White, 76 N.Y.S.3d 800 (N.Y. Sup. Ct., Bronx Cnty. 2018) (“Read together, the original statute and the amended version indicate an by the Legislature to authorize the inclusion of DNA records in the state DNA database only after conviction of a designated offense, see § 995–c[1], [2], [3], [6] and 995–d, but placed no such restriction on what DNA records could be included in local databases.”). Gallo v. Pataki, 831 N.Y.S.2d 896 (Sup. Ct. Kings Cnty. 2007) (“Executive Law section 995–c(3) sets forth one class of people subject to testing, but does not forbid other groups from being tested. Accordingly, requiring DNA testing as a condition of parole does not violate the DNA Database law.”). Zaire v. Barringer, 2003 WL 57918 (N.D.N.Y. 2003); Lunney v. Goord, 736 N.Y.S.2d 718 (Sup. Ct. App. Div. 2002). (The person having the sample taken does not have the option to dictate the type of sample to be taken.).

North Yes - or not guilty by Felonies, on Yes If not at arrest, then Department of North Carolina State The Crime Laboratory NCGS § 15A-266.2. Definitions Carolina reason of insanity handicapped persons, upon intake at jail, Corrections Crime Laboratory of shall remove a NCGS § 15a–266.3a. Sample Stalking prison or mental the Department of person's DNA record, Required for DNA Analysis upon health facility Justice and destroy any DNA Arrest for Certain Offenses biological samples that may have been § 15A-146, retained, from the § 15A-148. State DNA Database Expunction of records and DNA Databank if

both of the following are determined: Case Law: State v. Jacobs, 128 N.C. App. 559 (1) As to the charge, (1998). (“The purpose of the statute or all charges, is to clear the public record of resulting from the entries so that a person who is arrest upon which a entitled to expunction may omit DNA sample is reference to the charges to potential required under this employers and others, and so that a section, a court or the records check for prior arrests and district attorney has convictions will not disclose the taken action resulting expunged entries. Neither the statute in any one of the nor the order of expunction entered following: at defendant's request requires the destruction of investigative files.”). a. The charge has been dismissed; b. The person has been acquitted of the charge; c. The defendant is convicted of a lesser-included misdemeanor offense that is not an offense included; d. No charge was filed within the statute of limitations, if any; or e. No conviction has occurred, at least three years has passed since the date of arrest, and no active prosecution is occurring. (2) 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

North Dakota Yes. Felonies N/A At the time of the Law enforcement Attorney General Must petition court if NDCC § 31-13-01. Definitions individual’s arrest or officer, or correctional conviction reversed NDCC § 31-13-03. Individuals to be appearance or upon personnel tested--Costs booking into a correctional facility NDCC § 31-13-07. Removal of DNA profiles from database

Case Law: State v. Norman, 2003 ND 66 (N.D. 2003) (“The Legislature intended the expanded DNA testing to include individuals in the custody of the department after July 31, 2001, as a result of a conviction for one of the specified offenses.”).

Ohio OH ST. § 2901.07 DNA Yes. Felonies N/A If serving term in a state The director of Bureau of Criminal Not currently provided for under the Testing of certain correctional institution, rehabilitation and Identification and Ohio Revised Code prisoners during the intake correction or the chief Investigation process at the reception administrative officer

facility designated by of the jail or other Case Law: the director detention facility in which the person is Emerson v. Kelly, 2015 If serving term in in a incarcerated WL 3968250 (N.D. Ohio jail, a community-based 2015) (“R.C. 2901.07 correctional facility, or does not support the another county, inclusion of [the multicounty, municipal, defendant’s] profile in municipal-county, or CODIS.”). multicounty-municipal detention facility, Crabbs v. Scott, 786 during the intake F.3d 426 (6th Cir. process at the jail, 2015) (“The statute community-based mandates DNA correctional facility, or collection ‘during the detention facility intake process.’”). Ohio v. Bolton, 2012 WL 171039 (Ohio Ct. App. 2012) (“[I]n the context of law enforcement, the taking of a DNA sample is akin to the taking of a fingerprint and does not unduly infringe on an offender's privacy interests. Accordingly, the DNA sample taken from appellant while he was in prison on an unrelated charge was not unconstitutional pursuant to R .C. 2901.07.”). State v. Consilio, 871 N.E.2d 1167 (Ohio 2007) (“Because the HB 525 version of R.C. 2901.07(B)(3)(a) lacked express language making it retroactive, that version may be applied only prospectively to individuals who were convicted of or pleaded guilty to a qualifying offense and were placed on supervised release after its effective date [May 18, 2005].”).

Oklahoma Yes Felonies, or any crime N/A If incarcerated, prior Department of Oklahoma State Bureau By obtaining an order 74 Okl. St. Ann. § requiring sex offender to release, or if not Corrections, county of Investigation (OSBI) of expungement. 150.27. Deoxyribonucleic acid (DNA) registration. incarcerated as sheriff's office or a law laboratory--Coordination of use A person may file a condition of sentence enforcement agency with law enforcement Enumerated motion for agencies--Forensic DNA technical misdemeanors: Assault expungement and/or manager and battery; Domestic sealing of records abuse Stalking; following acquittal, 74 Okl. St. Ann. § 150.27A. OSBI Possession of a reversal of conviction Combined DNA inex System (CODIS) controlled substance; with dismissal; Database Outraging public factual innocence Okla. Admin. Code 375:30-9-2. decency Resisting arrest, established by Removal of DNA records from the Escaping or attempting post-conviction DNA OSBI DNA offender database to escape; Eluding a evidence; or full police officer, Peeping pardon Tom; Pointing a firearm; Threatening an act of violence; Breaking and entering a dwelling place; Destruction of property; ; or Causing a personal injury accident while driving under the influence of any intoxicating substance; or, upon arrest, any alien unlawfully present under federal immigration law

Oregon Felonies; sexual abuse At the request of the Department of Department of State Yes Yes Upon written request, O.R.S. § 137.076. Blood or buccal in the 3rd degree or appropriate agency as Corrections, or Police with a certified copy sample and thumbprint of certain public indecency; soon as practicable after law enforcement of relevant court convicted defendants; application conspiracy or attempt conviction; if agency order reversing the O.R.S. § 181A.155. Authority over to commit rape in the incarcerated, prior to conviction, judgment blood, buccal and other samples third degree, sodomy release; or as a or order that created in the third degree, condition of probation an obligation to O.R.S. § 419C.473. Blood or buccal sexual abuse in the provide DNA sample samples; felonies subject to No sample will be taken second degree, requirement if a sample was taken burglary in the second already or if it would degree or promoting create substantial or prostitution; murder unreasonable risk to or aggravated murder; health of defendant For minors having committed an act that if done by an adult would constitute one of enumerated felonies: rape, sodomy, unlawful sexual penetration, sexual abuse in the first or second degree, public indecency, incest or using a child in a display of sexually explicit conduct; burglary in the second degree, when committed with intent to commit any offense listed above; promoting or compelling prostitution; burglary in the first degree; assault in the first degree; conspiracy or attempt to commit any Class A or Class B felony enumerated above; or murder or aggravated murder

Pennsylvania Department of State Police Upon written 44 PA.C.S.A. § 2303. Yes Convicted (adult) or N/A Upon intake to a prison, jail or Corrections, or law request to State Definitions adjudicated delinquent juvenile detention facility or any enforcement agency Police on the (minor) of a felony sex other detention facility or 44 PA.C.S.A. § 2311. grounds that the offense, or an attempt, institution; or as a condition of Powers and duties of sample was conspiracy, or sentencing if not incarcerated; prior state police included in State solicitation to commit a to release for a person who is DNA Data Base 44 PA.C.S.A. § 2316. felony offense; incarcerated on or after June 18, by , or by DNA Sample Required 2002 for a qualifying offense Convicted (adult) or court order if upon Conviction, adjudicated delinquent No sample will be taken if a sample conviction or Delinquency (minor) of other from the person has already been delinquency Adjudication and specified offenses: (1) a validly collected adjudication has Certain ARD Cases; felony offense; (2) An been reversed 44 PA.C.S.A. § 2317. offense under 18 and no appeal is Procedures and Pa.C.S. (relating to pending, the withdrawal, collection, crimes and offenses) person was and transmission of or 75 Pa.C.S. (relating granted an DNA samples to vehicles) that is unconditional graded as a pardon, or if 44 PA.C.S.A. § 2321. misdemeanor of the request for Expungement first degree; (3) A removal due to misdemeanor offense mistake was requiring registration erroneously as a sexual offender); refused (4) An offense graded as a misdemeanor of the second degree including simple assault; false imprisonment; indecent exposure; theft and related offenses; bad checks; access device ; of witnesses or victims; retaliation against witness, victim or party; intimidation, retaliation or obstruction in child abuse cases; escape; flight to avoid apprehension, trial or punishment; recruiting criminal gang members; abuse of corpse; cruelty to animals; prostitution and related offenses.

May also be required as a condition of acceptance into Accelerated Rehabilitative Disposition (ARD) as a result of a criminal charge for a felony sex offense or other specified offense filed after June 18, 2002

Puerto Rico Department of Puerto Rico Institute of Upon request of 34 L.P.R.A. § 4006 Yes Murder; Homicide; N/A At place of imprisonment or Corrections and Forensic Sciences the court and Persons subject to Rape; Sodomy; Lewd detention after a guilty verdict has Rehabilitation, the showing that the sampling and lascivious acts; been rendered Corrections conviction has Incest; Bestiality; Felony 34 L.P.R.A. § 4007 Administration, the been revoked Domestic abuse; Testing procedure Puerto Rico Institute of and the case has Kidnapping; Robbery; Forensic Science, and been dismissed, 34 L.P.R.A. § 4011 Assault and battery; law enforcement with certified Elimination of record Perversion of minors; agencies copy of the and destruction of Manufacture and judicial brief by sample distribution of which the controlled substances; conviction is Distribution of revoked or controlled substances dismissed to minors eighteen (18) years of age and younger; Continuous trafficking of controlled substances; Child abuse; Convicted of attempt or conspiracy to commit any of the following offenses: Murder; Negligent homicide; Sexual aggression; Lascivious acts; Bestiality; Kidnapping ; Theft; Serious aggression and negligent injury; Perversion of minors; Child pornography; Illegal identity theft; Aggravated false imprisonment when the victim is a minor who has not attained the age of eighteen (18) years (unless committed by a parent or guardian); Pandering, ruffianism, and human trafficking; Spousal sexual assault; Aggravated abuse when its commission simultaneously incurs child abuse

Rhode Island Department of Department of Health Written request RI Gen. Laws 1956, § Yes Felonies (including N/A Prior to release if incarcerated, or as Corrections on grounds that 12-1.5-2. Definitions pleas of guilty or nolo condition of sentence conviction was contendere) § 12–1.5–3. Powers No sample will be taken if a reversed with and Duties of the sufficient sample from the person copy of certified Department of Health has already been collected court order; or § 12–1.5–4. State DNA Written request Database and completion of a program of § 12–1.5–13. diversion or the Expungement completion of R.I. Admin. Code the term of a 60-05-2.3. Definitions sentence of deferment, or of R.I. Admin. Code the granting of a 60-05-2.6. State of pardon Rhode Island DNA databank R.I. Admin. Code 60-05-2.10. Expungement South Yes Felony offense or an N/A Unless already taken Law enforcement South Carolina Law Must request in SC Code § 23–3–610. State DNA Carolina offense punishable by a at arrest, before agency or corrections Enforcement Division writing with certified Database Established; Purpose; sentence of five years or release from agency with custody (SLED) copy of court order § 23–3–620. When DNA Samples more confinement, or as a reversing, setting Required; condition of parole or aside, or vacating Enumerated probation conviction § 23–3–660. Expungement of DNA misdemeanors: Record; Grounds for Requesting Eavesdropping; Peeping; or Stalking SC Code of Regulations R. 73-61 State DNA database

South Dakota Yes – adults and Any “qualifying offense,” N/A If sentenced to Department of State Forensic A person may request SDCL § 23-5A-4. Persons required adjudicated juveniles which is (1) any felony; incarceration: sample Corrections, or Laboratory expungement on the to provide DNA sample - (2) a crime of violence to be provided upon “supervising agency” grounds that the retroactivity of requirement (any of the following intake to a prison, jail, for parole or probation conviction or crimes or an attempt, juvenile detention delinquency SDCL § 23–5A–5. Persons convicted solicitation, or facility, mental health adjudication on or adjudicated delinquent for conspiracy to commit facility, or any other which the authority qualifying offense required to them: Murder; detention facility or for including that provide DNA sample Manslaughter; Rape; institution person's DNA record Aggravated assault; Riot; or DNA profile was If already confined at Robbery; Burglary in the based has been SDCL § 23-5A-5.1. Registered sex time of sentencing or first degree; Arson; reversed and the case offenders required to provide DNA adjudication: sample Kidnapping; Felony dismissed. The sample to be provided sexual contact; Felony request must be immediately after child abuse; or any made in writing and sentencing or SDCL § 23-5A-28. Request for other felony in the be accompanied by a adjudication expundement - grounds commission of which certified copy of the the perpetrator used If sentence does not final court order force, or was armed with include incarceration: reversing the SDCL § 23-5A-29. Expungement of a dangerous weapon, or providing a DNA conviction or record - receipt of court order - used any explosive or sample shall be a delinquency exception destructive device); or condition for any adjudication and (3) a violation of chapter sentence or dismissing the case 22-22 (sex offenses). adjudication; the supervising agency Registered sex offenders shall determine the are required to provide a time for collection sample Under no circumstances may any person who is convicted or adjudicated delinquent for a qualifying offense be released in any manner until that person has provided a DNA sample

Tennessee Yes - adults and Actual or attempted: N/A While incarcerated or Department of Tennessee Bureau of Unclear; expungement T.C.A. § 38–6–103. Forensic Services adjudicated juveniles Aggravated rape; Rape; under order of Corrections or parole Investigation, Forensic is automatic for Division; Breathalizers; DNA Aggravated sexual probation or parole or probation division, Services Division arrestees whose Analysis; Backlog of DNA Analysis battery; Sexual battery; officer as applicable charges are dismissed T.C.A. § 38-6-113. DNA analysis; Rape of a child; or who are acquitted procedures; databank Aggravated rape of a at trial, but there is child; or Incest no reference to T.C.A. § 40-35-321. DNA analysis; convicted offenders specimens Registered sex offenders also must submit a 40 TN ST Ch. 30, Pt. 3, sample Post–Conviction DNA Analysis Act of 2001 Persons already convicted of any felony or “applicable Case Law: misdemeanor” and currently in custody State v. Scarborough, 201 S.W.3d may also be required to 607 (Tenn. 2006) (collection and provide a DNA sample maintenance of DNA samples taken prior to release from convicted and incarcerated felon pursuant to Tennessee's DNA statute did not violate Fourth Amendment or Tennessee constitution).

Texas Law enforcement Department of Public Upon written Tex. Gov’t Code § Yes Offenses (1) under N/A After conviction agency Safety request with a 411.144. Regulation of Title 5 to the Penal copy of a DNA Laboratories; Code (Criminal certified court Penalties homicide; order for Kidnapping/unlawful Tex. Gov’t Code expunction due restraint/; § 411.148. Mandatory to a pardon, etc. Human trafficking; DNA Record Sexual offenses; Tex. Gov’t Code Assault) (other than § 411.151. Expunction those describe in the or Removal of DNA “indicted or waives Records indictment” section) that are punishable as Tex. Gov’t Code Class A misdemeanors § 411.1471. DNA or higher—except Class Records of Persons A misdemeanors for (a) Arrested for Charged Unlawful restraint; (b) with, or Convicted of Assault; or (c) Deadly Certain Offenses conduct (Penal Code 22.05); (2) Indecent exposure; Enticing a Case Law: child under 25.04; Velasquez v. Woods, Knowingly offering or 329 F.3d 420, 421 (5th agreeing to pay a fee to Cir.2003) (collection another person for the of blood samples from purpose of engaging in felons for registration sexual conduct with in a DNA databank that person or another; pursuant to § 411.148 Promotion of does not violate those prostitution; or Sale, felons' Fourth distribution, or display Amendment right to of harmful material to privacy). minor; or (3) Registered sex offenders. Note that adults and adjudicated juveniles currently confined to a Texas penal institution for a felony must also provide a sample. Utah Yes – adults and Felonies or Class A N/A “As soon as possible” Department of Department of Public An individual may file § 53–10–403. DNA Specimen minors age 14 and misdemeanors, including after a conviction or a Corrections, juvenile Safety, Bureau of a motion to the court Analysis—Application to Offenders, older situations where the finding of jurisdiction court, or sheriff’s Forensic Services seeking an order for Including Minors; court enters a judgment by the juvenile court office, as applicable destruction of the § 53–10–404. DNA Specimen for conviction to a lower sample/record if a Analysis—Requirement to Obtain the degree of offense or final judgment Specimen; allows the defendant to reverses the enter a plea in abeyance conviction, judgment, § 53–10–404.5. Obtaining DNA or order that created Specimen at Time of Registered sex offenders an obligation to Booking—Payment of Fee upon must also provide provide the DNA Conviction samples sample. The § 53–10–406. DNA Specimen A person who commits a Department of Public Analysis—Bureau Responsibilities qualifying offense in Safety will then another state or against destroy the the federal government sample/record. will be required to submit a sample in Utah as well

Vermont Yes – adults and Persons convicted of the N/A If incarcerated, at a The receiving Department of Public If a person’s 20 VSA § 1933. DNA sample required minors (by implication) following “designated time designated by the correctional facility, a Safety Forensic conviction is 20 VSA § 1940. Expungement of crimes”: (a) A felony; (b) Commissioner of place and time Laboratory reversed, or if a records and destruction of samples Domestic assault; (c) Corrections or by a designated by the person is granted a Registered sex offenders; court; if not Commissioner of full pardon, the court (d) Stalking; (e) Reckless incarcerated, at a place Corrections, the or governor (as endangerment; (f) and time designated Commissioner of Public applicable) must Violation of an abuse by the Commissioner Safety, or a court notify the prevention order; (g) of Corrections, the Department of Public Misdemeanor violation Commissioner of Safety, which will laws relating to abuse, Public Safety, or a remove and destroy neglect, and exploitation court the person’s DNA of vulnerable adults; (h) record and sample An attempt to commit any offense listed here; or (i) Any other offense if, as part of a plea agreement in an action in which the original charge was a crime listed in this subdivision and probable cause was found by the court, there is a requirement that the defendant submit a DNA sample to the DNA data bank Retroactivity requirement: a person previously convicted of a designated crime who is still in custody, on parole, serving a supervised community sentence, or on probation must also submit a DNA sample

Virgin Islands Yes – and if found not Felony or violent crime N/A Not specified Attorney General, Virgin Islands DNA Written request 5 V.I.C. § 4203 DNA sample required guilty by reason of or any misdemeanor Bureau of Corrections, Database and where defendant 5 V.I.C. § 4209 Expungement insanity or mental sexual offense or Territorial Probation Databank within the acquitted (or disease or defect attempt or conspiracy to Office, or Board of Dep’t of Justice pardoned) or 14 V.I.C. § 1726 Registration forms; commit such crimes Parole conviction reversed contents; transmission of form or vacated and all appeals concluded and individual will not be retried

Virginia Yes For persons convicted N/A Taken prior to release State Police or Department of Written request with VA code § 19.2–310.2. Blood, Saliva, on or after July 1, 1990: from custody. If not Department of Forensic Science court order showing or Tissue Sample Required for DNA Felonies or enumerated sentenced to a term of Corrections, Parole or that conviction was Analysis upon Conviction of Certain misdemeanors: Violating confinement, must Probation; Department reversed and case Crimes; Fee certain protective provide DNA as a of Juvenile Justice dismissed § 19.2–310.7. Expungement when orders; Simple assault condition of the DNA Taken for a Conviction and battery; Stalking; sentence Sexual battery; Infected § 16.1-299.1. Sample required for sexual battery without DNA analyses upon conviction or intent to transmit; adjudication of felony Sexual abuse of a child under 15 years of age; Attempted sexual battery; Unauthorized use of animal, aircraft, vehicle or boat; Trespass after having been forbidden to do so; Entering property of another for purpose of damaging it; Penetration of mouth of child with lascivious intent; Peeping or spying; Indecent exposure; Obscene sexual display; Resisting arrest (or similar local ordinance) For persons who were incarcerated on July 1, 1989: Felony sexual assault For juveniles at least 14 years old at time of offense: felony convictions or adjudication as delinquent based on an act that would be a felony if committed by an adult Washington West's RCWA Yes Felonies and N/A Not specified If incarcerated, Washington State Written request with court order 43.43.754. enumerated Department of Patrol (Forensic vacating the conviction based on a DNA identification misdemeanors Corrections, or Laboratory Services reversal of the conviction system--Biological (or equivalent Department of Social Bureau) samples--Collection, juvenile and Health Services; or use, testing--Scope offenses): the city or county jail and application of Assault in the facility. section fourth degree If not incarcerated, the where domestic W.A.C. § 446-75-070. city or county police violence; Assault Expungement of DNA are responsible for in the fourth Data. collecting degree with sexual motivation; Communication with a minor for immoral purposes; Custodial sexual misconduct in the second degree; Failure to register as a sex offender or kidnapping offender; Harassment; Patronizing a Prostitute; Sexual misconduct with a minor in the second degree; Stalking; Indecent exposure; Violation of a sexual assault protection order. Anyone required to register as a sex or kidnapping offender.

West Virginia Yes – and if found not Enumerated felonies Yes If incarcerated, Division of Corrections, State Police May request W. Va. Code, § 15-2B-6 DNA sample guilty by reason of and misdemeanors; collection in jail or regional jails and felon (Biochemistry section) expungement with required for DNA analysis upon insanity or mental Sexual offenses; Child prison. facilities, sheriff’s court order showing conviction; DNA sample required for disease or defect abuse offenses; department conviction reversed certain prisoners If not incarcerated, the Attempts to commit and case dismissed sheriff in the county W. Va. Code, § 15-2B-9. Procedures certain offenses; Any where the person is for withdrawal of blood sample for felony where the person convicted will collect DNA analysis and for conducting is under the supervision analysis of the criminal justice system (including W. Va. Code, § 15-2B-11. parole, probation, home Expungement confinement, community W. VA. Code of State Rules § 81-9-4 corrections program, Procedures for the collection of and work release) samples for DNA analysis

Wisconsin Yes – and if found not Yes May request W.S.A. Felonies and If present in court for Department of Department of Justice guilty by reason of expungement if 165.76. Submission of Misdemeanors conviction, county Corrections, mental disease or case was human biological (narrower scope for sheriff to collect at time Department of Health defect reversed, set specimen individuals convicted of court finding of Services, or law aside, or vacated before 2015) guilt; otherwise, not enforcement agency W.S.A. 165.77. specified Deoxyribonucleic acid Juveniles adjudicated analysis and data bank delinquent for (1) an act that would be a WI ADC § JUS. 9.04. felony if committed by Submission of human an adult or (2) biological specimen enumerated for DNA data bank 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)

Wyoming Yes Felonies N/A For persons in custody Wyoming Department Division of criminal Written request with WY Stat. § 7-19–403. DNA Samples on or after July 1, of Corrections; criminal investigation within the court order showing Required; Collection; Testing; 1997, before release justice agencies having office of the Wyoming conviction was Reimbursement of Costs from custody. custody attorney general reversed and § 7–19–405. Expungement of dismissed For persons not Information sentenced to imprisonment, immediately after sentencing.