[NY] Can DNA from an old case be used in a new case?
Can a prosecutor use an abandonment sample from a dismissed and sealed case (with a certificate of disposition) as a DNA hit in another case?
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Generally, if a DNA sample was lawfully obtained in a prior case, prosecutors can use it in a new investigation even if the original case was later dismissed and sealed. Sealing closes court records, but doesn’t automatically require destruction of biological samples or database profiles (9 NYCRR § 6193.4).
If the sample was an “abandonment” sample (e.g., discarded cup/cigarette) collected lawfully at the time, that doesn’t become unlawful because the case was later sealed.
Some states allow DNA expungement after dismissal/acquittal, but you usually must affirmatively request removal; otherwise, the profile can stay in the database and generate hits (34 U.S.C. § 12592). In NY, without a submitted/approved removal, the profile stays in the databank and can be matched in other cases. Sealing the old case alone doesn’t delete the DNA profile.
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Can a prosecutor use an abandonment sample from a dismissed and sealed case (with a certificate of disposition) as a DNA hit in another case?
Lexi, Chatbot
Is the dismissed and sealed case related to a current criminal matter you’re facing?
Yes.
Lexi, Chatbot
Have you consulted a lawyer about this yet?
No.
Lexi, Chatbot
Anything else the criminal lawyer should know?
No.
Patrick, Esq.
Hi, I’m Patrick, an attorney with 15+ years’ experience. I’ll review and respond shortly. What state are you in?
Thank you. New York.
Patrick, Esq.
Generally, if a DNA sample was lawfully obtained in a prior case, prosecutors can use it in a new investigation even if the original case was later dismissed and sealed. Sealing closes court records, but doesn’t automatically require destruction of biological samples or database profiles (9 NYCRR § 6193.4).
If the sample was an “abandonment” sample (e.g., discarded cup/cigarette) collected lawfully at the time, that doesn’t become unlawful because the case was later sealed.
Some states allow DNA expungement after dismissal/acquittal, but you usually must affirmatively request removal; otherwise, the profile can stay in the database and generate hits (34 U.S.C. § 12592). In NY, without a submitted/approved removal, the profile stays in the databank and can be matched in other cases. Sealing the old case alone doesn’t delete the DNA profile.
If we submit an expungement request now, what usually happens?
Patrick, Esq.
The agency will review eligibility and, if approved, delete the profile and destroy the sample going forward. But it typically won’t erase a hit already made before the expungement is processed; that earlier hit may still be usable. The expungement mainly blocks future searches from generating new matches.
Patrick, Esq.
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