DA Spitzer Settles UCI Professors' Lawsuit Over "Spit and Acquit" Misdemeanor DNA Program, Agreeing to Remove Some Samples and Add Expungement
Orange County DA Todd Spitzer and UCI plaintiff professor William Thompson announced a settlement on Oct. 16 in Thompson v. Spitzer, resolving a multi-year taxpayer lawsuit over the DA's misdemeanor DNA collection program. The agreement commits the DA to procedural reforms, removal of some DNA samples, and creation of an expungement process.
DA Todd Spitzer and UCI professor William Thompson (lead plaintiff); professor Simon Cole was a co-plaintiff. The Fourth District Court of Appeal previously revived the case.
Settlement of Thompson v. Spitzer, resolving a lawsuit over the OCDA's 'spit and acquit' misdemeanor DNA collection program; the DA agreed to procedural reforms, sample removal, and a new expungement process.
Orange County District Attorney's Office; the lawsuit was litigated through Orange County courts and the Fourth District Court of Appeal.
Settlement announced Oct. 16, 2026; the underlying DNA program ran from 2007 until it was ended in May 2026.
Plaintiffs alleged the program violated privacy rights, the right to counsel, and due process by conditioning case outcomes on voluntary DNA surrender outside normal legal channels.
On Oct. 16, 2026, Orange County District Attorney Todd Spitzer and UC Irvine criminology professor William Thompson jointly announced a settlement of Thompson v. Spitzer, a taxpayer lawsuit challenging the OCDA's practice of collecting DNA from misdemeanor defendants in exchange for reduced charges or case dismissals. The settlement ends litigation that had been working through the courts since at least 2023.
According to the joint announcement, the DA's office agreed to:
- Change plea-offer procedures when seeking DNA from misdemeanor defendants
- Remove some DNA samples already held in the local DA database
- Create a formal expungement procedure for misdemeanants whose DNA is on file
- Clarify policies around familial searching of its database
- Publish greater transparency information about how the DNA system operates
No dollar amount or attorney-fee figure has been publicly disclosed.
The DA's office began the program in 2007, offering some misdemeanor defendants reduced charges or dismissals in exchange for a DNA sample stored in a local database maintained separately from state systems — a practice critics labeled "spit and acquit." Professors Thompson and Simon Cole of UC Irvine filed suit as taxpayers, alleging the program violated privacy rights, the right to counsel, and due-process protections.
The Fourth District Court of Appeal revived major portions of the lawsuit in April 2023 after earlier setbacks. Voice of OC reported in June 2026 that Spitzer had ended the collection program that prior May, ahead of the settlement's announcement.
The specific mechanics and timeline for sample removal and the new expungement procedure have not yet been made public. No court approval date or implementation schedule has been reported.
- Oct 16, 15:04(2 days ago)
Spitzer and Thompson announce the settlement and its reforms.
- NEW2 days ago
Joint Press Release OCDA Todd Spitzer and taxpayer Plaintiff Professor William Thompson... The post 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. appeared fi