Mr Repton said it was wrong to store innocent people's DNA profiles
A Worcester firefighter who was arrested after a fatal crash is campaigning to have his DNA sample taken off the National Police Database.
Mathew Repton was held in December 2008 after a driver crashed into the parked fire engine.
Police took his DNA but the incident was treated as an accident and charges were never brought against him.
West Mercia Police said it was considering his request but could legally keep his DNA record until 2021.
The 33-year-old Hereford and Worcester Fire and Rescue worker had been attending a three-vehicle crash at junction 4a on the M5/M42 interchange slip road on the morning of 28 December, 2008.
He had parked his fire engine across the hard shoulder and the first lane of the slip road, in accordance with the fire service's guidelines.
He was setting out safety cones along the carriageway when another motorist lost control of his car, which clipped the rear and side of the fire engine, killing one of the car's passengers.
He said keeping his DNA record on the National Police Database was tarring him with the same brush as criminals.
"I am not a common criminal, I was doing my job," he said.
"If it was standard practice that everyone was on the database that would be a different matter. As an innocent person that is wrong."
Police forces in England and Wales can hold DNA samples from people they arrest under the 2001 and 2003 Criminal Justice Acts, regardless of guilt.
The European Court of Human Rights (ECHR) ruled in 2008 that holding innocent people's DNA profiles indefinitely was "unnecessary".
Following the ruling, the government said police forces in England and Wales had to remove innocent people's DNA record within six to 12 years of creating them.
Chief police officers can also delete profiles from the national database.
Mr Repton and the Fire Brigades Union wrote to the West Mercia Police Chief Constable Paul West requesting he do this.
A spokesman for West Mercia Police declined to comment on who was on its database but confirmed it had been "contacted about this matter".
He said a decision would be communicated to that individual "in due course".