Two civil rights groups and an individual filed a lawsuit against California for collecting and retaining DNA profiles of people arrested but never convicted of any crime.
In 2009, the state expanded its policy mandating DNA collection of for every person arrested for felony charges including those later found to be innocent. The collected DNA is then analyzed and uploaded to the nationwide Combined DNA Index System (CODIS), which is shared with law enforcement across the country.
California allows people who have been arrested but were never convicted of a felony to apply for the removal of their DNA profiles from the CODIS. However, many people don’t know that the process exists due to inadequate notice requirements. Even if some are aware of the process, it is lengthy and uncertain.
Over the past decade, around 750,000 of the total DNA profiles collected are qualified for removal from the CODIS. However, only 1,510 people submitted requests for expungement. The state approved 1,282 requests.
California is allegedly violating its Constitution
In their complaint, the Center for Genetics and Society, the Equal Justice Society, and Pete Shanks alleged that California’s practice of collection and retention of DNA profiles from innocent people violates the state’s Constitution.
