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if i am in berks county pa on county parole/probation for misdemeanor retail theft must i submit my dna. I am a couple days away from getting off

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FlyingRon

Senior Member
Yep, while the law was created with the "felony sex offense" criteria for the DNA databank, it has been extended with to include the requirement for "Other specified offense" which includes all of 18 PACS 39 (any kind of theft). It also matters not if you were convicted or are on ARD probation for the offense. You're required by law to provide the sample and it will not bode well for your parole to defy this lawful request of your probation officer.
 

quincy

Senior Member
Here is a link to the Pennsylvania law on postconviction DNA testing (42 Pa C.S. 1943.1):

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=95

Contrary to what one might believe, postconviction DNA testing is a good thing. Both the Innocence Project and the ACLU fought hard for the passage of these laws and now every state has some sort of DNA statute. DNA tests have helped exonerate many who were wrongfully accused, wrongfully convicted, wrongfully imprisoned.
 

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