Harris

*51 In December 2013, Taleia Harris pled guilty to felony grand theft from a person for stealing a wallet from the victim's person. ( Pen. Code, 1 § 487, subd. (c).) In November 2014, the voters enacted Proposition 47, the Safe Neighborhoods and Schools Act (Proposition 47)

*52 ( Cal. Const., art. II, § 10, subd. (a)), which reduced certain crimes from felonies to misdemeanors and allowed a person convicted of one of those felonies before its passage to petition the court to reduce the felony conviction to a misdemeanor and be resentenced. Harris successfully petitioned to have her felony conviction reduced to a misdemeanor under Proposition 47, but the court denied her motion to expunge the DNA sample that law enforcement took by mouth swab when she was booked on her felony charge.

Harris appeals from the order denying her motion to expunge her DNA sample from the state's database. She contends that when a felony is reduced to a misdemeanor under Proposition 47, the state is not permitted to retain an adult misdemeanant's previously collected DNA sample and genetic profile, and that the state's retention of her DNA sample and genetic profile violates her state and federal…