Wisconsin Expands DNA Collection Law

 Posted on July 22, 2021 in Criminal Defense

Many criminal cases are “solved” by police because of DNA evidence. DNA is a complex molecule that contains an individual’s unique genetic code. With the exception of identical twins, no two people share the same genetic code. 

By Wisconsin law, if you are arrested for a violent crime, police are required to take a sample of your DNA. A new law recently signed by the governor extends the sample requirement to anyone who moves to Wisconsin who has previously been placed on parole, probation, or extended supervision in another state.

DNA Requirement

In 2015, Wisconsin passed a law that made it mandatory for any person arrested for a violent felony to submit their DNA to be stored in the Wisconsin DNA Databank. This law applies to anyone who is arrested for arson, burglary, child abuse, homicide, robbery, sexual assault, and other violent crimes. These samples are not allowed to be processed unless and until a judge rules that police have probable cause a crime was committed.

Anyone who is charged and convicted of a crime – including both felonies and misdemeanors – is also required to submit a sample of their DNA.

The state’s DNA databank currently holds more than 300,000 DNA samples of both convicted offenders and violent arrestees. 

New Law

Under the new law that recently went into effect, any individual who moves to Wisconsin and has previously been placed on parole, probation, or extended supervision in another state on or after April 1, 2015 (the date the state’s DNA law went into effect), must provide a DNA sample if they will now be under the supervision of the Wisconsin Department of Corrections. This applies to any crime for which they received their sentence.

Can I Have My DNA Expunged from DNA Databank?

Under certain circumstances, an individual who was required to submit a DNA sample may have that sample expunged. This can only be done if:

• The arrest for which you were required to submit the sample was eventually dismissed.

• The conviction for which you were required to submit the sample was vacated, set aside, or reversed.

Keep in mind this only applies to the specific sample associated with the case. If you have another qualifying sample in the database, that sample would not be expunged.

Contact a Milwaukee County Defense Lawyer

If you have been arrested for a violent crime, contact a skilled Waukesha County criminal attorney immediately. The penalties for conviction can be harsh and often includes prison time. The sooner you begin building a defense against these charges, the better your chances of a positive outcome are. Call Bucher Law Group, LLC today at 262-303-4916 to schedule a free and confidential consultation.

 Sources:

https://content.govdelivery.com/attachments/WIGOV/2021/06/17/file_attachments/1856978/sb299.pdf

https://lacrossetribune.com/news/local/wisconsin-law-on-collecting-dna-upon-arrest-takes-effect/article_ba2af2b3-46ff-51a7-9622-b893e1d1e5bb.html