Defending Democracy Clinic
JOINT PRESS RELEASE
OCDA Todd Spitzer and taxpayer Plaintiff Professor William Thompson announce the settlement of Thompson v. Spitzer, a case concerning the OCDA’s DNA collection program.
October 16, 2026
The main provisions of the settlement include:
1. Modifications of the procedures applicable to plea offers to misdemeanants when the DA seeks a DNA sample for its program.
2. The removal of some DNA samples from the system.
3. The creation of a procedure for misdemeanants to obtain the expungement of their DNA samples from the system.
4. Clarification of some aspects of familial searching using the DA’s DNA database.
5. Additional disclosures to the public about the operation of the DA’s DNA system.
The terms of the settlement agreement are public.
Professor Thompson was represented by O’Melveny and the Defending Democracy Clinic at University of California, Irvine, School of Law. District Attorney Spitzer was represented by the County Counsel’s Office.