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The new law, officially called the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, is expected to add the genetic data of 1 million people to California's databank over the five years, making it the largest state-run DNA databank in the country.
In 2009, the law will be broadened to enable police to gather DNA data from anyone arrested for any felony -- ranging from residential burglary to murder -- whether or not they are ever charged or convicted with a crime.
Under the new law, the state government has no obligation to remove the files of people who are arrested and later cleared of crimes. To expunge their genetic fingerprint from the state's forensic library, Californians will have to petition first to the trial court presiding the case, then the local district attorney's office and the state Department of Justice. And there's no guarantee that an innocent citizen will prevail: The court can deny the removal request and that decision can not be appealed.