When an offender dies, are the DNA profile and the original sample collection card removed from the Data Bank and if so, how long after the death is this done?
It is important to remember that a DNA profile developed from a deceased convicted offender may provide important information on older investigations. If this profile is taken out of the convicted offender index the potential to match or even the lack of match may have significant implications on yet unsolved criminal cases or in old investigations when new biological evidence becomes available. This type of information could link cases, provide conclusive evidence to complete a case or even lead to potential exonerations. Subsection 9(1) of the DNA Identification Act requires information contained in the convicted offenders index to be kept indefinitely subject to the Criminal Records Act and access removal requirements in subsection 9 (2). There is no requirement to destroy deceased offenders profiles. Their bodily substances may be destroyed when the Commissioner considers them no longer required. The DNA profiles will remain indefinitely unless destroyed or rendered inaccessible in
Related Questions
- When an offender dies, are the DNA profile and the original sample collection card removed from the Data Bank and if so, how long after the death is this done?
- Who is required to provide a sample for entry of the resulting DNA profile into the Virginia DNA Data Bank?
- How to ensure that the DNA sample collection is successful?
