Orange County DA agrees to limit DNA database in privacy lawsuit settlement

Orange County District Attorney Todd Spitzer has agreed to restrict his office's DNA database and strengthen safeguards for defendants offered plea deals requiring genetic samples, settling a five-year-old taxpayer lawsuit.

The settlement excludes people charged only with municipal code violations, infractions or juvenile offenses from the district attorney's database, known as OCDNA. It requires automatic expungement after 15 years for listed lower-level offenses and adds notice, counsel-access and charging rules for DNA plea offers. Thompson v. Spitzer, 30-2021-01184633-CU-MC-CXC, (O.C. Super. Ct., filed Feb. 16, 2021)

William Thompson alleged the county encouraged DNA plea offers and sought program limits, sample removal and access to counsel.

Abby Formella of O'Melveny Los Angeles was lead plaintiff's attorney and Paul Hoffman, Director of UCI's Defending Democracy Clinic, co-counsel representing Thompson.

"I think the settlement represents a step forward for privacy rights. We have limited the amount of information in the system, and we have given people a way to get their material out of it," Hoffman told the Daily Journal Monday. "We thought that was quite important."

The defendants deny wrongdoing; the agreement provides no refunds and applies prospectively.

"We secured more thorough notifications and a way for people to get advice before they commit to giving DNA," Hoffman added. "We would have preferred an automatic requirement that people get legal advice. But this gives them much more information and the ability to get legal advice before they make that decision. The settlement also requires more disclosures to the public about how the system operates."

Two exhibits list 1,323 covered entries for earlier samples and 897 collected later.

Profiles tied only to listed offenses will be expunged after 15 years and samples destroyed within six months.

Others may apply after 25 years without subsequent arrests, convictions or a crime scene profile "match."

DNA offers must remain open for 30 days or until trial. Written notices must explain searches, false-implication risks, removal rights and fees.

Unrepresented defendants may consult a public defender, seek private counsel or continue representing themselves with court approval.

The office also must adopt "blind charging," barring charging deputies from learning whether a suspect previously submitted DNA.

The office must publish annual anonymized data on dispositions, matches, expungements and sample destruction, and revise policies and training within 180 days.

"Hopefully, it will be used less. People will be able to get their DNA out of the system, they will have more knowledge before they enter it, and more people will seek legal counsel," Hoffman said. "It's a good victory for privacy rights, achieved in very hard-fought litigation."

The District Attorney's office was not available for comment.