Did they unlawfully collect my DNA sample?

What is the name of your state (only U.S. law)? California

My question involves criminal law for the state of: California

Hello. I just recently been released after 30 days in the county jail for a misdemeanor charge. I have a question that has bothering me quite a lot lately...

When I was at the county jail during the booking process they sent me to the nurse's office for a TB test and they gave me a cotton swab to swab the inside of my cheek. Me being so scared that night never thought about asking what it was for. Was this to collect a DNA sample from me?

I am wondering a lot about it because I was not arrested for a felony nor have I ever been convicted of one. From my understanding, California law only require collection of DNA samples from those who have been arrested for a felony offense, not a misdemeanor.

Please can someone tell me what that was all about? How can I obtain records to find out what was done?

Same story here as you were given on the other forum, except the spamming lawyer isn't welcome here.

Some misdemeanors are covered by the law as well, but not your DUI.
The collection of the buccal swab was a mistake. It would seem likely based on what you were told it was just discarded.

Your only option would be to file to see your records (hoping that California has something analogous to the Federal Privacy Act) that allows you to find out what they are keeping on you.

You can petition to have the sample destroyed (if it has not been already) under certain conditions. See PC 299 http://law.onecle.com/california/penal/299.html

Of course, it COULD have simply been part of the exam and not a DNA collection.

CdwJava said:

Of course, it COULD have simply been part of the exam and not a DNA collection.

Click to expand...

It would seem unlikely. Buccal swabs are almost always done for some genetic testing, which I can't imagine the state being interested in other than for the DNA database.