Since 2009, California has collected DNA from every person arrested for a felony. In the vast majority of cases, it holds on to the DNA even if the person is acquitted, proven innocent, or not charged at all. This violates the California Constitution. eff.org/press/releases…
Those not convicted can apply to have their DNA expunged, but the process is lengthy and uncertain, and many are not aware of the option. Only a fraction of a percent of eligible profiles have been expunged—even though California has no legitimate interest in maintaining them.
The DNA profiles are accessible by law enforcement across the country—not just in California. California analyzes and uploads DNA it collects into the nationwide Combined DNA Index System, or “CODIS,” which is shared with law enforcement across the U.S. eff.org/cases/federal-…
DNA identification is widely—but mistakenly—seen as a “fool-proof” technology. There are myriad ways that it can (and does) implicate innocent people for crimes: crime-lab sample mix-ups, sample contamination, selective presentation of evidence to juries. sfgate.com/bayarea/articl…
Because of the deep racial disparities that plague our criminal justice system, DNA collection and retention practices disproportionally put people of color at risk of mistaken arrest and conviction.
“The state’s failure to automatically expunge DNA samples and profiles from the hundreds of thousands of Californians who were not ultimately convicted of a crime is unconstitutional. It’s time for the state to start honoring the privacy rights guaranteed to all Californians.”
