Administering Entity
New Jersey State Police, Office of Forensic Sciences, CODIS Unit
Recent / Pending Legislation
No program or law found.
Arrestees: Yes. Booking Station Rapid Ready.
Qualifying Crimes: Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact (including attempts); murder; manslaughter; second-degree aggravated assault; kidnapping; and luring or enticing a child into a motor vehicle with purpose to commit a criminal offense with or against the child; and endangering the welfare of children (N.J.S. 2C:24-4; see § 53:1-20.20(d)). Also required for every juvenile arrested for an act that would constitute one of these offenses if committed by an adult.
Time of Collection: If not sentenced to a term of confinement, drawn / collected at prison or jail unit as specified by the sentencing court.
Expungement: By application, where every charge from the qualifying arrest was dismissed or resolved by acquittal at trial — or, for a juvenile, where the qualifying adjudication was reversed and the case dismissed. Any person found not guilty by reason of insanity, or adjudicated not delinquent by reason of insanity, whose DNA record or profile has been included in the State DNA database and whose DNA sample is stored in the State DNA databank may apply for expungement on the grounds that all charges resulting from the arrest that provided the basis for inclusion of the person’s DNA record or profile in the State database or the inclusion of the person’s DNA sample in the State databank have been dismissed or have been resolved through an acquittal at trial. If the entry in the database reflects more than one conviction or adjudication, that entry shall not be expunged unless and until the person or the juvenile adjudicated delinquent has obtained an order of expungement for each conviction or adjudication. If one of the bases for inclusion in the DNA database was other than conviction or adjudication, that entry shall not be subject to expungement.
Statutes / Case Law
N.J. STAT. ANN. § 53:1-20.19 – DEFINITIONS REGARDING DNA DATABANKS
§ 53:1-20.20 – DNA SAMPLES REQUIRED; CONDITIONS
§ 53:1-20.22 – DRAWING OF DNA SAMPLES; CONDITIONS
§ 53:1-20.24. USE OF STATE DATABASE
§ 53:1-20.25 – EXPUNGEMENT OF RECORDS FROM STATE RECORDS; CONDITIONS
P.L.2011, C. 104 – ARREST
Convicted Offenders: Yes.
Qualifying Crimes: Any “crime or a specified disorderly persons offense,” including: aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and criminal sexual contact (with attempts) — extending to every juvenile adjudicated delinquent for an act that would be aggravated sexual assault or sexual assault if committed by an adult; murder; manslaughter; second-degree aggravated assault; kidnapping; luring or enticing a child into a motor vehicle with purpose to commit an offense with or against the child; endangering the welfare of children; and attempts to commit any of the foregoing.
Time of Collection: For incarcerated persons, the sample is drawn or collected at the place of incarceration when confinement begins. For persons not sentenced to confinement, collection occurs at a prison or jail unit specified by the sentencing court; for adjudicated delinquents, at a prison or jail identification and classification bureau specified by the family court.
Expungement: Available by application where the conviction that placed the person’s record or profile in the State database (or sample in the State databank) was reversed and the case dismissed. Any person found not guilty by reason of insanity, or adjudicated not delinquent by reason of insanity, whose DNA record or profile has been included in the State DNA database and whose DNA sample is stored in the State DNA databank may apply for expungement on the grounds that the judgment that resulted in the inclusion of the person’s DNA record or profile in the State database or the inclusion of the person’s DNA sample in the State databank has been reversed and the case dismissed. If the entry in the database reflects more than one conviction or adjudication, that entry shall not be expunged unless and until the person or the juvenile adjudicated delinquent has obtained an order of expungement for each conviction or adjudication. If one of the bases for inclusion in the DNA database was other than conviction or adjudication, that entry shall not be subject to expungement.
Statutes / Case Law
N.J. Stat. Ann. § 53:1-20.19 – Definitions regarding DNA databanks
53:1-20.20 – DNA samples required; conditions
53:1-20.22 – Drawing of DNA samples; conditions
53:1-20.24. Use of State database
53:1-20.25 – Expungement of records from State records; conditions
A.A. ex rel. B.A. v. Attorney Gen. of New Jersey, 894 A.2d 31 (App. Div. 2006), aff’d, 914 A.2d 260 (2007) (The state’s requirements for provision of DNA are constitutional.). Note that the law now applies “to person convicted of any crime.”
State v. O’Hagen, 380 N.J. Super. 133 (2005). Prior to its amendment in 2003, N.J.S.A. 53:1–20.20 required only those persons convicted of committing certain sexual offenses, or those persons convicted of murder, manslaughter or second-degree aggravated assault or the attempt to commit these offenses, to have a blood sample drawn for purposes of DNA testing. Following the 2003 amendment, the class of offenders for whom DNA testing is mandated was expanded.
State v. Vodrazka, No. A-4379-10T1, 2012 WL 6163187, at *2 (N.J. Super. Ct. App. Div. Dec. 12, 2012).
Legislative History
P.L. 1997, c. 341 A353 (2R)Jan. 12, 1998. Expanded to juveniles adjudicated delinquent for sex offenses and insanity acquittees
P.L. 2000, c. 118 S439 (2R) Sept. 13, 2000. Expanded to murder, manslaughter, 2nd-degree aggravated assault, kidnapping, luring/enticing a child, endangering welfare of children
P.L. 2003, c. 183 A2617 (3R) 2003. Expanded to all crimes (any indictable offense)
P.L. 2011, c. 104 S737 (2R) Aug. 18, 2011. Added pre-conviction arrestee collection for certain violent crimes
P.L. 2015, c. 263 A428 (ACS) Jan. 19, 2016. Expanded to specified disorderly persons offenses (domestic violence assault, prostitution, drug offenses requiring fingerprinting)
P.L. 2019, c. 122 S3078 June 7, 2019. Added arrestee collection for child pornography (endangering welfare of child — possession/production/distribution)
New Jersey has a robust casework Rapid DNA program, including a mobile instrument.
No law, but there appears to be a police-academic partnership for FGG. IGG Center Partners with NJ State Police to Identify Cold Case from 2017
A5045 (2026, introduced May 11, pending) – establishes a grant program to funding FGG in cold cases.
No program or law found.
No program or law found.
Legislation possible in 2027.
