A number of my clients ask why they are being required to give a DNA sample even if they have not been convicted. Here is a summary of Missouri law which mandates the collection of DNA samples from certain individuals who are arrested or convicted. This information is utilized for the state’s DNA profiling system and is entered into the national Combined DNA Index System (CODIS) database.

1. Convicted Individuals: Mandatory DNA Submission

A DNA sample is required from every individual who meets any of the following criteria:

• Is found guilty of a felony offense or pleads guilty or nolo contendere to a felony in a Missouri circuit court.
• Is found guilty of any offense under Chapter 566, RSMo (Sexual Offenses), or pleads guilty or nolo contendere to such an offense.
• Has been determined to be a sexually violent predator.
• Is required to register as a sexual offender.

The collection is mandatory and generally occurs upon booking at a county jail, upon entering the Department of Corrections, or at the time of sex offender registration. Refusal to provide a sample may lead to revocation of probation or parole.

Citation: RSMo s 650.055.1 (1), (3)-(4).

2. Arrestees: Required Collection for Specific Felonies

DNA collection is also required for certain arrestees who are seventeen years of age or older and arrested for specific felony offenses. These offenses include:

• Burglary in the first degree or second degree.
• A felony offense under Chapters 565 (Offenses Against the Person), 566 (Sexual Offenses), 567 (Prostitution), 568 (Offenses Against the Family), or 573 (Pornography and Related Offenses).

For arrestees, the DNA sample is typically collected upon booking at a county jail or detention facility.

Citation: RSMo s 650.055.1 (2).

3. DNA Records and Expungement

• Confidentiality: All records and biological materials related to an individual’s DNA profile are considered strictly confidential and closed records. Disclosure is generally limited to criminal justice and law enforcement purposes.
  Citation: RSMo s 650.055, paragraph 7.
• Expungement: An individual whose DNA profile was included in the state database due to an arrest may request expungement (removal) of their DNA sample and profile if:
  • The charges are later withdrawn or the case is dismissed.
  • The court finds no probable cause.
  • The defendant is found not guilty.
  • The conviction or guilty plea that required the sample is later reversed or set aside by a court.

A person must petition the court that issued the reversal or dismissal. The Missouri State Highway Patrol Crime Laboratory performs the expungement after receiving the court order and verifying that the individual has no other qualifying offenses requiring DNA collection.

Citation: RSMo s 650.055.9-11.