If you have a case in which there is biological material identified, but you have no suspect, the case will be searched against the DNA Data Bank. If there is a “hit” against an individual, you will receive a report stating the offender’s name and other identifying information. If there is a “hit” against the DNA profile of crime scene material from another case, you will receive a report stating the FS Laboratory Number and jurisdiction of the related case. If there is not a hit, you will receive a report stating this. These cases are routinely searched as the DNA Data Bank is updated with new profiles.
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What do I do if I have a court date and have not received a DNA report on the evidence I submitted?
If you have not received a report on a case and find out that a court date has been set, notify the examiner/Forensic Biology Section as soon as possible. This will help ensure that the analysis can be completed in advance of the 21 day rule which applies to DNA analysis.
What DNA technology does DFS use when analyzing evidence from criminal cases?
For autosomal DNA testing, the Virginia Department of Forensic Science currently uses Promega’s PowerPlex® Fusion System, which includes the D3S1358, D1S1656, D2S441, D10S1248, D13S317, D16S539, D18S51, D2S1338, CSF1PO, TH01, vWA, D21S11, D7S820, D5S818, TPOX, D8S1179, D12S391, D19S433, D22S1045, and FGA plus Penta E, Penta D, DYS391 and Amelogenin loci.
What does a CODIS “hit” mean?
A CODIS “hit” can be made by a DNA profile from evidence in an unsolved case matching the DNA profile from a convicted offender or an arrestee. A “hit” can also be made between evidence in an unsolved case and other solved or unsolved cases.
Once a case is solved and the evidence DNA profile is associated with an individual, that profile will continue to be compared to unsolved cases. Therefore, even if the evidence profile is associated with a deceased individual, the profile from the solved case will be compared to unsolved cases as they are entered in CODIS whether the deceased was ever convicted or arrested for an offense requiring submission of a DNA sample or not.
The fact that the DNA profiles matched is meant to provide an investigative lead to the detective or investigator to help solve the particular unsolved case. He/she will need to conduct further investigation to determine any possible involvement of the convicted offender, arrestee, or the perpetrator of the solved case to the unsolved case in question.
On what types of cases can a CODIS search be conducted?
CODIS searches can be conducted on the DNA profiles developed from biological evidence in cases where the identity of the perpetrator is unknown to the investigator. In theory, any biological material could yield a DNA profile if there is a sufficient number of cells from the perpetrator.
What is CODIS?
CODIS stands for Combined DNA Index System. It is a national system of computer databases designed by the FBI to store DNA profiles from individuals as well as crime scene evidence. Any DNA profile developed from the evidence in a case with no suspects can then be searched against the databases, and possible investigative leads developed from any matching profiles in the database.
Who is required to provide a sample for entry of the resulting DNA profile into the Virginia DNA Data Bank?
Every person required to register for the Sex Offender and Crimes Against Minors Registry (Code of Virginia § 9.1-903), all individuals who have been convicted of a felony offense on or after July 1, 1990 or certain misdemeanors (Code of Virginia § 19.2-310.2), and juveniles 14 years or older who are convicted of a felony or adjudicated delinquent on the basis on an act which would be a felony if committed by an adult (Code of Virginia § 16.1-299.1) are required to provide a blood or buccal (cheek cells) sample for DNA analysis, with incorporation of the resulting DNA profile into the Virginia DNA Data Bank. Additionally, as of January 1, 2003, any individual arrested for a violent felony crime (Code of Virginia § 19.2-310.2:1) must provide a buccal sample for DNA analysis, with the resultant profile incorporated into the Virginia DNA Data Bank (Code of Virginia § 19.2-310.5). Inclusion in the DNA data bank may also be ordered pursuant to plea agreement in Circuit Court.
How do I request information from the Breath Alcohol Section?
For authenticated records, requests must be submitted in writing, pursuant to the Freedom of Information Act (FOIA). Further guidance on written FOIA requests can be found here.
A searchable database for electronic records is also available; however, the Department cannot authenticate electronic records, once printed, as being unaltered, complete, and/or accurate. Click here to access the Breath Alcohol Online Instrument Records page.
Are there any costs associated with the training?
There is no fee for the class. Law enforcement agencies are responsible for covering student expenses. DFS may have grant funds available, however, to assist with the cost of student lodging. Please contact the Breath Alcohol Section for details.
What happens if an operator misses a retraining class and his license expires?
Once an operator’s license expires, the operator cannot run a test. The instruments will not accept an expired license. An operator has a one-year period to take a Retraining class. If this year expires without the operator successfully completing Retraining requirements, the operator must attend another Basic (Initial) Operator’s class. Any operator who misses a scheduled class should contact the Breath Alcohol Section.