DNA Sample Collection

**danarctic** · 12-05-2010, 10:29 PM

My question involves criminal law for the state of: California

Hello expertlaw. I just recently been released after 30 days in the county jail for a misdemeanor charge. I have a question that has bothering me quite a lot lately...

When I was at the county jail during the booking process they sent me to the nurse's office for a TB test and they gave me a cotton swab to swab the inside of my cheek. Me being so scared that night never thought about asking what it was for. Was this to collect a DNA sample from me?

I am wondering a lot about it because I was not arrested for a felony nor have I ever been convicted of one. From my understanding, California law only require collection of DNA samples from those who have been arrested for a felony offense, not a misdemeanor.

Please can someone tell me what that was all about? Has this ever happened to anyone here?

**flyingron** · 12-06-2010, 07:00 AM

The cheek swab was the DNA collection. While *ALL* felonies are now required to submit to the DNA database, there are a few misdemeanors that are in the statute as well. Notably are all sex offenses that require the submission. In addition, if you had a plea bargain, the test may have been part of the plea.

**danarctic** · 12-06-2010, 07:50 AM

I was convicted of a DUI, and there is no where I can find that says it is a qualifying offense to have my DNA collected. Also, it was not part of the plea. I feel that this is a unreasonable search. What procedures can I do now to expunge this sample from the state's database? Would it even be worth it to do anything now?

**GPottsLaw** · 12-06-2010, 08:11 AM

First of all, you don't know that it was a DNA test or that you are on the database. It could have been a drug test that they perform on inmates. I think you should request your medical records from the jail and see what they say about the swab test first. If you have trouble getting those records yourself, go talk to an attorney. The attorney could also help you to find out if you are in the DNA database. Then you will be able to decide what legal action you need to take from there.

**danarctic** · 12-06-2010, 08:39 PM

Yes I called the jail medical department and they told me that they have no record of a swab test (WHY wouldn't they?! I clearly remember it!). Than I contacted the Department of Justice DNA department and told me that sometimes the arresting agency can make errors and probably took a DNA sample from me by mistake but they couldn't tell me if I'm in the database or not. So they make a mistake and I'm permanently on file alongside rapist and murderers (now every arrested felon)??? How can this be?!

**flyingron** · 12-07-2010, 05:32 AM

I've never heard of a buccal swab drug test, but the spamming lawyer is probably right otherwise. I wouldn't be surprised if California didn't have something along the lines of the Federal Privacy Act that gives you specific rights to inquire and redress your info in databases held by the government.