Division of Criminal Justice Services

NYS DNA Databank Qualifying Offenses

The New York’s DNA Databank was created to maintain DNA profiles of convicted offenders so law enforcement officials could identify perpetrators of crimes when DNA evidence was retrieved from a crime scene.

The DNA Databank began limited operations in 1996. DNA samples were collected from individuals convicted of homicide and certain sex-related offenses. Since that time, the law that created the Databank has been amended five times to expand the number of crimes that require a DNA sample upon conviction.

The latest expansion took effect on August 1, 2012.  Effective that date, offenses include all felonies in any state law and Penal Law misdemeanors. The law applies to any defendant convicted on or after August 1, 2012.

The law is not retroactive and does not apply to children involved in Family Court matters, to youthful offenders or to first-time offenders convicted of a specific subsection of fifth-degree marijuana possession (Penal Law Section 221.10, subsection 1).