You don't need to be a criminal, convicted of a crime or anything like that. You just need to be arrested, accidentally or otherwise and you will be swabbed for the U.S. DNA data base. The A.P. story I am referring to does say it pertains to federal law enforcement. That said, many local law enforcement agencies take federal money for a variety of reasons. In Humboldt County, this could be because of C.A.M.P., the campaign against marijuana planting or is it propagation, I'm not sure about the acronym. Also the government plans to collect DNA data from any detained foreigner, whether they have been charged with a crime or not. Thirteen States have similar laws according to the Associated Press. Jesselyn McCurdy of the ACLU says that it will be difficult for anyone in the data base that is found innocent to have the sample removed from the data base.
The rule is proposed and is being published in the Federal Register.
That will be followed by a 30-day comment period according to the A.P.
Many people are arrested that did not not commit a crime. It is not clear how you will get you DNA back if you are found innocent or charges are dropped. The A.P. says you just ask the Justice Department. You know, the people that helped the Bush administration define torture.