DNA profiling has become a vital tool for law enforcement agencies in criminal investigations over the past few decades. Police routinely collect DNA samples from crime scenes and offenders to generate DNA profiles that are then stored in national forensic databases like CODIS (Combined DNA Index System) in the United States. However, civil rights groups have raised concerns about indefinite retention of DNA records of innocent people in police databases and potential for misuse. This brings up an important question – can an individual request to have their DNA profile expunged or removed from police records under certain circumstances? Let’s examine this issue in detail.
When does law enforcement collect DNA?
Law enforcement agencies typically collect DNA samples under the following circumstances:
- DNA collected from crime scenes, weapons, or other sources of evidence related to an investigation
- DNA collected from convicted offenders after an arrest or conviction
- DNA collected from suspects detained during an investigation but not charged yet
- DNA collected from arrested individuals as part of a legal process
- DNA collected from victims of crimes to exclude them as suspects
- DNA collected from volunteers who eliminate themselves from suspect lists
Once a DNA sample is collected, a unique DNA profile is generated through analysis and entered into local, state and national DNA databases like CODIS. This enables law enforcement to match DNA from unsolved crime scenes to offender profiles and vice versa. As of 2021, CODIS contained over 18 million offender profiles and 1.8 million forensic profiles in the US.
In what circumstances can DNA records be expunged?
There are certain specific circumstances in which an individual can request expungement i.e. removal of their DNA profile from police records:
1. If charges are dropped before conviction
In some states, if the charges against a suspect are dropped or the person is acquitted, they can request expungement of DNA records on the grounds that retention violates presumption of innocence. Laws vary – in California, those arrested but not charged or acquitted can have profiles removed. In Maryland, DNA is expunged if a conviction is overturned.
2. If arrest was wrongful or unlawful
If evidence proves that the arrest or conviction was wrongful or unconstitutional, DNA records can be challenged and removed. For example, if the arrest was made without probable cause or proper warrant.
3. If person is underage when DNA was collected
Many states allow expungement of juvenile DNA profiles (taken from minors below 18 years) once they turn 18 and have no subsequent convictions. This protects minors from permanent inclusion.
4. Depending on state laws
Some states like California, Maryland and Wisconsin have specific laws allowing DNA expungement under certain qualifying conditions and timeline restrictions. Other states may not have such provisions.
What is the process for requesting DNA profile expungement?
The process to request expungement of DNA/biometric records from state and federal databases involves the following steps:
- Consult an attorney to determine eligibility as per applicable state laws
- Attorney files petition/motion with the relevant court specifying grounds for expungement
- Serve expungement notice to all required agencies – police department, prosecution office, DNA database administrators
- Attend court hearing – provide testimony supporting wrongful arrest/acquittal if required
- Court reviews and makes final determination on petition
- If approved, court orders relevant agencies to destroy DNA records and purge database
- Follow up to ensure DNA profile is removed from all databases as ordered
The process varies across different states – some require expungement to be filed within a certain time period of arrest/acquittal. Others restrict eligibility to certain offenses or limit to once-in-a-lifetime.
What are the arguments for and against DNA retention?
There are arguments on both sides of this issue:
Arguments FOR DNA retention in police records:
- Helps identify repeat and violent offenders through DNA matches
- Aids in prosecuting cold cases when new investigative leads emerge
- DNA is not as intrusive as other biometrics like fingerprints or photographs
- Partial profiles without personal identifiers may be retained to protect privacy
- Public safety benefits outweigh privacy risks of lawful DNA retention
Arguments AGAINST indefinite DNA retention:
- Violates presumption of innocence if DNA kept after dismissal/acquittal
- Potential for misuse or false matches makes privacy risks unreasonable
- No consent given for permanent inclusion in police databases
- Disproportionately impacts minorities due to arrest bias
- Government should not indefinitely store biometric data of innocent citizens
What is the current legal landscape?
The law on post-conviction DNA retention and expungement varies widely across different states in the US. Some key developments:
- Maryland and California laws allow expungement for those not convicted
- Wisconsin passed a law in 2021 requiring expungement if charges dropped
- EFF lawsuit led California to expunge 1 million profiles in 2020
- Supreme Court upheld DNA collection from felony arrestees in 2013
- Some courts have ruled indefinite retention unconstitutional without conviction
At the federal level, DNA expungement provisions such as the Criminal Justice and Forensic DNA Collection Act of 2020 have been proposed but not enacted. Constitutional challenges to DNA retention have had mixed results so far.
State comparison table
| State | DNA expungement eligibility | Time limit for expungement petition |
|---|---|---|
| California | Charges dropped or acquittal | 3 years from arrest/release |
| Texas | No conviction | No time limit specified |
| Florida | Charges dropped | 60 days from disposition |
Conclusion
While DNA profiling provides a crucial investigative tool for law enforcement, indefinite retention in police databases raises significant privacy issues, especially for innocent people. There is growing recognition of the need for expungement laws and procedures to enable eligible individuals to get their DNA profiles removed. However, standards vary widely across states and more robust safeguards are needed at the federal level. The debate around balancing public safety with civil liberties will likely continue as DNA database technology keeps advancing.