Oh, Snap! (kutsuwamushi) wrote in little_details,
Oh, Snap!

[ANON POST] DNA profile and fingerprint removal after acquittal

Setting: New York, 2011 (or 2000, if absolutely necessary for this to work legally, though I'd really rather it be current)

Search terms:
dna profiling, dna fingerprint, dna profile removal from national database, dna profile removal from CODIS database, dna profile removal in New York, what happens to evidence after acquittal, what happens to evidence after found not guilty, what happens to evidence when a case is closed, etc, etc.

I have a character that has been charged of murder, but acquitted at trial. Presumably, their dna and fingerprints would have been collected over the course of the investigation. Within two years of the acquittal, I need their dna profile/fingerprint profile removed or inaccessible. Basically, both the original dna sample and the documentation of their dna profile and fingerprints cannot be available for comparison later on. So,

Question 1: Where would the original sample be stored? The lab? The police station evidence room? Etc.

Question 2: Is there any way to get their dna profile and fingerprints removed from the database or at least made inaccessible after their acquittal (preferably within two years)? I know (through research) that in the past, some states would be automatically responsible for removing a person's profile from the national database upon acquittal or dismissal of the case.

If removal (even with a defense petition and court order) is implausible, is there any situation the accused's dna would not have been collected during the investigation? Keeping in mind, the accused was a close friend of the victim, and spent significant time with them, so of course their dna would be all over the victim just by default.

If it makes any difference to this answer, the accused did commit the murder; they just got off during trial. The case simply wasn't strong enough.

The most important thing is that the suspect's dna not be available for comparison during further investigation into the case. Please, reliable, knowledgeable answers. It's been very hard to find out just how an investigation like this would work, and how the profile would be removed from the database. Thanks.
Tags: usa: government: law enforcement (misc), ~forensics (misc)

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