# Do police keep fingerprint and DNA records, of suspects who are declared innocent?



## ironpony (Jul 8, 2018)

Basically for my story, a suspect is arrested in a kidnapping crime, and then released later on, once the prosecution was not able to get enough evidence to go to trial.  However, if this person is now innocent and not proven guilty, are the police legally required to get rid of the fingerprints and DNA, they took from the suspect, or are they allowed to keep it from then on after?


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## aj47 (Jul 8, 2018)

Yes, the police aren't the court and only round up suspects, don't track convictions.


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## ironpony (Jul 8, 2018)

Oh okay I thought that maybe if a suspect is cleared, the police were legally required to get rid of the prints and DNA as part of the clearance.


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## Dormouse (Jul 18, 2018)

Yes they can for 3 years and with a possible 2 year extension. https://www.gov.uk/government/publi...-and-fingerprint-evidence-is-protected-in-law


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## Phil Istine (Jul 18, 2018)

ironpony said:


> Basically for my story, a suspect is arrested in a kidnapping crime, and then released later on, once the prosecution was not able to get enough evidence to go to trial.  However, if this person is now innocent and not proven guilty, are the police legally required to get rid of the fingerprints and DNA, they took from the suspect, or are they allowed to keep it from then on after?



This varies with various countries.
In the UK the police's retention right for DNA samples are excessive.  It was once even proven in court that they had ignored an earlier court order to destroy samples.

However, there is another aspect to this.  In many cases, samples are kept, effectively, by proxy.  For instance, I might be cleared of a crime and my DNA record destroyed.  But if a close relative of mine has been convicted and their DNA remains on file, effectively they have my sample too.  This is because if I were to commit a crime, the similarity with my relative's sample would be enough to widen the investigation.


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## Pete_C (Jul 18, 2018)

Phil Istine said:


> This varies with various countries.
> In the UK the police's retention right for DNA samples are excessive.  It was once even proven in court that they had ignored an earlier court order to destroy samples.
> 
> However, there is another aspect to this.  In many cases, samples are kept, effectively, by proxy.  For instance, I might be cleared of a crime and my DNA record destroyed.  But if a close relative of mine has been convicted and their DNA remains on file, effectively they have my sample too.  This is because if I were to commit a crime, the similarity with my relative's sample would be enough to widen the investigation.



It's an interesting issue. What many people think is that certain police data is 'destroyed' or wiped after an investigation that results in no prosecution or an elimination from enquiries, or that after a certain time information is effectively 'forgotten'. However, apply for a firearms certificate, and you'll be amazed at just what information they have, because when it comes to firearms nothing is ever considered 'spent'. So, if all that data was destroyed, where do the FEOs get it from?

It will all be there, somewhere, no matter which country you live in.


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## Bloggsworth (Jul 18, 2018)

Depends where it happens, different countries have different protocols - I can't imagine China or Russia are in much of a hurry to get rid of such a valuable datsbase...


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## Ralph Rotten (Jul 18, 2018)

Finger print cards contain charge data, and they are permaneltly archived. Red for criminals, blue for applicants. Also, police departments have their own records departments where they store massive amounts of data. Not just arrests, but records of encounters, traffic stops, disturbances, complaints....

I have seen FPCs that went back scores of years. 

Dunno about dna, but most likely once the government has it, they will not release it.


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## ironpony (Jul 18, 2018)

Okay thanks.  When you say blue for applicants, applicant for what?


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