When you are charged with a sex crime in Denver, you will be treated like a criminal even if you are innocent. One of the ways the government in Denver, Douglas and Adams County will assume your guilt is by taking a DNA sample when you are arrested for a felony sex crime or a misdemeanor sexual offense, and enter it into a government database . These samples are taken before you have been convicted, when they should be thinking of you as “innocent until proven guilty.”
Here at the O’Malley Law Office, we aren’t opposed to the police taking DNA samples for sex crimes when they are from convicted felons in Denver, Littleton, or Aurora. But, when samples are taken from people who have not been given a fair trial, we take issue. Even if you Pare cleared of all charges, your DNA is still in the database. This is unconstitutional and completely ignores every citizen’s right for the court system to presume their innocence. Conservative Justice Scalia explains: “Your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.” Is this the kind of control we want our government to have over us?
Can DNA Samples for Sex Crimes be Removed from the Database?
The Colorado statute does allow you to remove your DNA samples for sex crimes from the database if you are proven innocent. While this sounds fair, you must consider the legal fees involved in the DNA removal process. Expunging your DNA from the database is similar to Colorado’s Record Sealing Statute – CRS 24-72-308, which requires you to spend hundreds of dollars to erase false accusations made against you by your own government.
The sex crimes defense attorneys at the O’Malley Law Office firmly believe that this statute should be changed. We suggest that the removal process should be done automatically by the government if a person is found innocent of a felony sex offense in Denver. We don’t believe innocent people should be required to pay legal fees and go through the long process of sealing their DNA records. Our privacy rights are slowly being destroyed by a government that presumes our guilt.