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DNA Databank

Since 2012, any defendant convicted of a misdemeanor or felony must give a DNA sample to be added to the New York State DNA Databank. The defendant will also be required to pay a fee. The court requires the defendant to pay the Databank fee even if the defendant does not need to provide a new DNA sample. See Surcharges and Fees. The police use this database to look for matches to DNA collected from crimes. The DNA Databank is not open to the public.

In addition to misdemeanors and felonies, all sex offenders are required to give DNA samples to the DNA Databank. The law does not apply to children in Family Court cases and Youthful Offenders.

Note: Convictions for unlawful possession of less than 1 ounce of marijuana are violations and don’t require DNA samples for the DNA Databank.

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