Title 34, NavyRelease 119-110

§12592 Index to Facilitate Law Enforcement Exchange of Dna Identification Information

Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 121 — VIOLENT CRIME CONTROL AND LAW ENFORCEMENT › SUBCHAPTER VIII — STATE AND LOCAL LAW ENFORCEMENT › Part A — DNA Identification › § 12592

Last updated Sep 22, 2026|Official source

Summary

The FBI Director can create a national index that holds DNA records. It can include DNA from people convicted or charged with crimes, other samples collected under law (but not voluntary samples given only to rule someone out), DNA from crime scenes, DNA from unidentified remains, and DNA voluntarily provided by relatives of missing people. The index can only hold DNA work done under FBI quality rules by accredited labs or by approved Rapid DNA systems. Labs must get outside audits at least once every 2 years to show they meet FBI standards. Stored DNA and results can be shared only with law enforcement for ID purposes, in court if allowed, with a defendant for their case, or without names for research or statistics. If these quality or privacy rules are not met, access to the index can be canceled. The FBI must quickly remove a person’s DNA from the index if a final court order overturns a qualifying conviction, or if charges are dismissed, end in acquittal, or no charge is filed within the time allowed. States that use the index must follow the same rules and also must remove records when given a certified final court order. A court order is not final if time for appeal remains.

Full Legal Text

Title 34, §12592

Navy, Source: USLM XML via OLRC

(a)Establishment of index
The Director of the Federal Bureau of Investigation may establish an index of— (1)
(2)analyses of DNA samples recovered from crime scenes;
(3)analyses of DNA samples recovered from unidentified human remains; and
(4)analyses of DNA samples voluntarily contributed from relatives of missing persons.
(b)Information
The index described in subsection (a) shall include only information on DNA identification records and DNA analyses that are—
(1)based on analyses performed by or on behalf of a criminal justice agency (or the Secretary of Defense in accordance with section 1565 of title 10) in accordance with publicly available standards that satisfy or exceed the guidelines for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 12591 of this title;
(2)prepared by—
(A)laboratories that—
(i)have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and
(ii)undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; or
(B)criminal justice agencies using Rapid DNA instruments approved by the Director of the Federal Bureau of Investigation in compliance with the standards and procedures issued by the Director under section 12591(a)(5) of this title; and
(3)maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with section 1565 of title 10) pursuant to rules that allow disclosure of stored DNA samples and DNA analyses only—
(A)to criminal justice agencies for law enforcement identification purposes;
(B)in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules;
(C)for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or
(D)if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes.
(c)Failure to comply
Access to the index established by this section is subject to cancellation if the quality control and privacy requirements described in subsection (b) are not met.
(d)Expungement of records
(1)By Director (2) By States
(A)The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index—
(i)on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under section 40702 and 40703 of this title, respectively), if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or
(ii)on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B)For purposes of subparagraph (A), the term “qualifying offense” means any of the following offenses:
(i)A qualifying Federal offense, as determined under section 40702 of this title.
(ii)A qualifying District of Columbia offense, as determined under section 40703 of this title.
(iii)A qualifying military offense, as determined under section 1565 of title 10.
(C)For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14132 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Amendments

2017—Subsec. (b)(2). Pub. L. 115–50 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories that— “(A) not later than 2 years after October 30, 2004, have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and “(B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and”. 2006—Subsec. (a)(1)(C). Pub. L. 109–162, § 1002(1), struck out “DNA profiles from arrestees who have not been charged in an indictment or information with a crime, and” after “provided that”. Subsec. (d)(1)(A). Pub. L. 109–162, § 1002(2), added subpar. (A) and struck out former subpar. (A), which read as follows: “The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) of this section the DNA analysis of a person included in the index on the basis of a qualifying Federal offense or a qualifying District of Columbia offense (as determined under section 14135a and 14135b of this title, respectively) if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned.” Subsec. (d)(2)(A)(ii). Pub. L. 109–162, § 1002(3), substituted “the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.” for “all charges for which the analysis was or could have been included in the index have been dismissed or resulted in acquittal.” Subsec. (e). Pub. L. 109–162, § 1002(4), struck out heading and text of subsec. (e). Prior to amendment, text related to authority for keyboard searches. 2004—Subsec. (a)(1). Pub. L. 108–405, § 203(a)(1), substituted “of—” for “of persons convicted of crimes;” and added subpars (A) to (C). Subsec. (b)(2). Pub. L. 108–405, § 302, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “prepared by laboratories, and DNA analysts, that undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 14131 of this title; and”. Subsec. (d)(2)(A). Pub. L. 108–405, § 203(a)(2)(B), (C), which directed that subsection (d)(2) be amended by substituting “; or” for period at end and by adding cl. (ii) at end, was executed by making the amendment to subpar. (A) of subsec. (d)(2) to reflect the probable intent of Congress. Pub. L. 108–405, § 203(a)(2)(A), substituted “if—” for “if” and inserted cl. (i) designation before “the responsible agency”. Subsec. (e). Pub. L. 108–405, § 203(d), added subsec. (e). 2000—Subsec. (b)(1). Pub. L. 106–546, § 6(b)(1), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agency”. Subsec. (b)(2). Pub. L. 106–546, § 6(b)(2), substituted “semiannual” for “, at regular intervals of not to exceed 180 days,”. Subsec. (b)(3). Pub. L. 106–546, § 6(b)(3), inserted “(or the Secretary of Defense in accordance with section 1565 of title 10)” after “criminal justice agencies” in introductory provisions. Subsec. (d). Pub. L. 106–546, § 6(b)(4), added subsec. (d). 1999—Subsec. (a)(4). Pub. L. 106–113 added par. (4).

Reference

Citations & Metadata

Citation

34 U.S.C. § 12592

Title 34, Navy

Last Updated

Sep 22, 2026

Release point: 119-110