In the state of Minnesota, DNA evidence is most often used in felony offenses but can also be used in misdemeanor and gross misdemeanor charges. The requirements of having to provide a DNA sample differ significantly between misdemeanor (or gross misdemeanor) offenses and felony convictions.
What Is DNA Testing and Why It Matters in Criminal Cases
First, some context on DNA testing in criminal cases. DNA, or deoxyribonucleic acid, is the genetic blueprint unique to nearly every individual (with rare exceptions such as identical twins). From a forensic standpoint, DNA testing involves collecting a human biological specimen (often from a cheek swab), analyzing certain genetic markers, and comparing the resulting DNA profile to another sample (suspect, victim, or database) to determine whether there is a match.
The power of DNA in criminal proceedings is substantial: DNA evidence can be used to link a person to an item, scene, or victim; it can exclude individuals; and it plays a crucial role in both convictions and exonerations. In Minnesota, DNA testing is especially important because the state has established how and when DNA specimens must be collected, analyzed, retained and entered into the databases maintained by the Minnesota Bureau of Criminal Apprehension (BCA).
Given its significance, whether DNA testing is required, optional, or absent in your case can make a major difference—especially when distinguishing between misdemeanors/gross misdemeanors and felonies.
While DNA evidence is most often associated with felony offenses, it is increasingly showing up in misdemeanor investigations too. In Minnesota (and across the U.S.), even though misdemeanors rarely trigger mandatory DNA collection laws, DNA testing is often used by prosecutors to strengthen low-level cases where biological evidence exists. This can be seen in situations like the following:
When DNA Is Used in Misdemeanor & Gross Misdemeanor Cases
Example 1: Assault and Domestic Assault (Misdemeanor or Gross Misdemeanor)
Why DNA Evidence Can Matter: During physical altercations, there can be transfer of biological material — saliva, blood, sweat, or skin cells. Officers may swab for DNA on items like clothing torn during a fight, fingernail scrapings (to identify who was scratching or defending), and blood drops on floors, weapons, or walls. In domestic assault cases, DNA may link a defendant to an injury or physical struggle, even when eyewitness accounts conflict.
How this plays out: A misdemeanor domestic assault leads to DNA testing of blood on a broken phone. The sample matches the defendant, supporting the victim’s version of events.
Example 2: DWI-Related Property Damage or Vehicle Tampering
Why DNA Evidence Can Matter: When a drunk driving or leaving-the-scene case involves property damage (like hitting another car and fleeing), DNA on airbags, steering wheels, or broken glass can identify who was driving. DNA left on the airbag after deployment is often tested to confirm who was behind the wheel — even in lower-level charges.
How this plays out: A gross misdemeanor DWI involves a crash where multiple people deny driving. DNA testing from the airbag helps confirm the driver’s identity.
Example 3: Trespass, Vandalism, and Criminal Damage to Property
Why DNA Evidence Can Matter: Even though these are typically misdemeanors, police may test for DNA on broken windows or tools left at the scene, cigarette butts or bottles left behind, graffiti cans, gloves, or clothing. DNA can be used to try and link a person to the property where vandalism occurred, especially in repeat or serial cases.
How this plays out: In a misdemeanor trespassing case, DNA found on a glove left at a construction site ties the suspect to the scene after he denies entering.
Example 4: Theft, Shoplifting, and Property Crimes
Why DNA Evidence Can Matter: DNA is sometimes recovered from tools used in theft (like a bolt cutter or pry bar), items abandoned during a chase (hats, gloves, masks). Opened packaging can often contain DNA where the seals are broken. In some shoplifting or theft-from-vehicle cases, DNA connects a suspect to the item, even when surveillance footage is unclear.
How this plays out: A misdemeanor theft at a retail store leads to discovery of a hat left behind. DNA inside the sweatband matches the suspect, strengthening the case despite no direct eyewitness.
Why DNA Use in Misdemeanor Cases Is Increasing in Minnesota
There are several reasons law enforcement and prosecutors in Minnesota use DNA testing even in relatively minor cases:
- Improved Forensic Technology – Labs can now extract DNA from just a few skin cells.
- Low Cost and Faster Turnaround – Modern labs can process smaller samples cheaply and quickly.
- Database Matching – Even if a suspect isn’t in the system, testing can link cases together (e.g., same person’s DNA showing up at multiple minor crime scenes).
- Prosecutorial Leverage – In borderline misdemeanor cases, a DNA link can strengthen weak circumstantial evidence and push plea agreements.
- Deterrence and Recidivism Tracking – Police sometimes pursue DNA testing in repeat offenders to link them to other, potentially more serious crimes.
Felony Offenses: Mandatory DNA Collection
In Minnesota, the principal statute for DNA collection from convicted offenders is § 609.117 “DNA Analysis of Certain Offenders Required.” Under this statute if a person is convicted of a felony offense (or a juvenile adjudicated for a felony) the court must order a biological specimen for DNA analysis. The statute makes it clear that collection of DNA specimens is mandatory for convicted felons (and certain juvenile delinquents) in Minnesota. The statute does not list misdemeanors or gross misdemeanors as issues for mandatory DNA collection under the same provision.
Misdemeanor and Gross Misdemeanor Offenses: Limited or No Mandated DNA
In contrast, for individuals convicted of misdemeanors or gross misdemeanors in Minnesota, there is no general statute that mandates DNA specimen collection solely because of a misdemeanor conviction. The statutes that require DNA relate specifically to felony convictions or to certain specified violent or sexual offenses. Given this, for a misdemeanor crime (or even a gross misdemeanor) the state generally lacks statutory authority to require DNA collection pursuant to these statutes—unless the misdemeanor is tied to another statute or heightened circumstances.
Why This Distinction Matters: Practical Implications – Database Entry and Long-Term Consequences
One of the biggest stakes in DNA law in Minnesota is the entry of a person’s DNA into the state (and national) databases. If you provide a biological specimen as a convicted felon under § 609.117, your profile is added to the database via the BCA. That means:
- Your DNA may become a hit in future investigations of other crimes (including cold cases).
- You may face additional consequences or investigative attention even after your sentence is over.
- The specimen itself becomes long-term data.
Because misdemeanor convictions generally don’t trigger this requirement, individuals convicted of only misdemeanors avoid that particular database entry risk (though they might still be subject to other DNA collection depending on other statutes or arrest situations).
Examples of How A Conviction Can Play Out
Example 1: Felony Conviction and DNA Specimen Entry
John or Jane is convicted of a felony burglary in Minnesota. Under § 609.117, the court orders John or Jane to provide a biological specimen. That specimen is forwarded to the BCA, processed, and his/her DNA profile is entered into the the Minnesota State database and possibly CODIS (National database) via the BCA’s “Convicted Offender DNA Collection” system.
Because John’s/Jane’s DNA is now in the database, if a future crime investigation yields a DNA sample matching John/Jane, law enforcement may link him/her to the new investigation—even long after his sentence concludes. This is can be true even if John/Jane are innocent of the new crime. John/Jane’s defense attorney should warn him/her of that long-term exposure.
Example 2: Gross Misdemeanor and No Mandatory DNA Specimen
Samantha/Sam pleads guilty to a gross misdemeanor theft. Because the statute for DNA specimen collection (§ 609.117) applies only to felony convictions, her/his attorney checks the facts and confirms no other statute triggers collection of her/his DNA. She/he is not required by statute to submit a DNA specimen. Her/his attorney focuses on negotiating with the prosecutor on plea terms or diversion, and vigilantly ensures no improper DNA collection or use occurs.
Example 3: Misdemeanor with DNA Evidence on Evidence Item
Mike/Maggie is charged with a misdemeanor assault (gross misdemeanor). At the scene, investigators collect a beverage can the suspect allegedly used, find saliva, and send it to the lab for DNA testing. Although Mike/Maggie’s conviction (if occurs) is a misdemeanor and does not automatically require specimen entry, the prosecution still tries to use DNA evidence linking Mike/Maggie to the can. His/Her attorney must now look to see if a challenge to the collection and processing of that item can be made. The attorney’s role in a misdemeanor case then shifts to controlling how DNA evidence is used in the prosecution’s case rather than automatically worrying about database entry.
Conclusion
Understanding how DNA testing functions in Minnesota’s criminal justice system—and especially the difference between misdemeanor vs felony offenses is vital for defendants, lawyers, and anyone navigating criminal law in Minnesota. The statutes clearly require mandatory DNA specimen collection and database entry for convicted felonies (§ 609.117).
For misdemeanor/gross misdemeanor cases: there is no statutory obligation for DNA specimen collection by virtue of it just being a misdemeanor conviction. But DNA evidence may still be used by the prosecution in misdemeanor cases if biological material is present on evidence.
Need Help? Speak with a Minnesota Criminal Defense Attorney
If you are facing charges in Minnesota—whether misdemeanor or felony—and DNA testing or collection may come into play, it’s essential to work with a defense attorney who understands DNA. Your attorney must evaluate your case: the nature of the offense, the statute under which you are charged or convicted, whether specimen collection was ordered, how DNA evidence was collected/used, and what the long-term consequences may be.
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