How Do I Get Off The Sex Offender Registry In Michigan?

The sex offender registry is a publicly accessible list of people convicted of state or federal sex crimes in Michigan. Under the Michigan Sex Offender Registration Act (SORA), if you were convicted of a sex offense after October 1, 2005, you are required to register as a sex offender.

Having your name on the Michigan sex offender registry is not only embarrassing; it can make it difficult to find work or housing and can cause significant social and mental strain. If you are a convicted sex offender, you may find yourself asking if there is a way to remove your name from the Michigan sex offender registry.

Understanding Michigan’s Three-Tier Sex Offender System

Michigan has some of the strictest sex offender registration laws in the country. Most convictions for criminal sexual conduct (CSC) are not eligible for removal from the sex offender registry. And even if you are eligible to have your name removed from the sex offender registry, the process is complicated.

To determine your eligibility, you must first understand Michigan’s three-tier system. Michigan’s SORA classifies sex offenders into three categories: Tier I, Tier II, and Tier III. Tier I is the least severe type of CSC crime, while Tier III is the most severe.

Tier I Offenses

Tier I offenses are the least severe and include crimes such as

• Possession of child pornography
• A sex offense committed by a sexually delinquent person
• Fourth-degree CSC against a person aged 18 and above
• Aggravated indecent exposure
• Unlawful imprisonment of a minor
• Conspiracy to commit any of the offenses above

If you are convicted of a Tier I CSC offense, you will be placed on the sex offender registry for 15 years.

Tier II Offenses

Tier II offenses are more severe than Tier I offenses but less severe than Tier III offenses. A Tier II offender will be placed on the Michigan sex offender registry for 25 years. Tier II includes offenses such as

• A subsequent Tier I CSC conviction
• Second-degree CSC against a victim aged 13 and above
• Fourth-degree CSC against a victim aged 13 to 17
• Assault with the intent to commit second-degree CSC against a person aged 13 to 17 years old
• Distributing, promoting, producing, or financing child sexually abusive activity
• Soliciting a minor for an immoral purpose
• Pandering
• Sodomy

Tier III Offenses

Tier III offenses are the most severe CSC crimes under Michigan’s SORA. Conviction carries mandatory lifetime registration on the Michigan sex offender registry. Tier III CSC crimes include

• Subsequent convictions for a Tier I or Tier II offense
• Gross indecency between males and females under the age of 13
• First-degree CSC and statutory rape
• Second-degree CSC where the victim is under the age of 13
• Third-degree CSC
• Fourth-degree CSC where the defendant is 17 years old or older and the victim is under the age of 13
• Assault with intent to commit first- or third-degree CSC
• Assault with the intent to commit second-degree CSC against a victim who is under 13 years old
• Child kidnapping
• Kidnapping

Seeking Removal from the Sex Offender Registry

Michigan’s SORA allows for removal from the sex offender registry in the following circumstances:

• You were convicted of a Tier I offense and ten years have passed since you were released from prison;
• You were convicted of a Tier III charge and 25 years have passed since you were released from prison;
• Romeo and Juliet Offenses: The other person was over 13 at the time of the sexual conduct, gave consent, and there was an age difference of no more than four years; or
• You were adjudicated for an offense while under the age of 14.

Determining whether you are eligible to seek removal from the sex offender registry can be complicated. For that reason, if you are seeking to have your name removed from the Michigan sex offender registry, you should first consult with an experienced Michigan criminal defense attorney.

Petitioning for Removal from the Sex Offender Registry

Elmen Legal will assess whether you are eligible to have your name removed from the sex offender registry. If you qualify, Elmen Legal will file a Petition to Discontinue Sex Offender Registration on your behalf. The petition must be filed in the court in which you were convicted. If your conviction occurred in another state, you may file the petition in the county in which you reside.

You are not eligible to file a Petition to Discontinue Sex Offender Registration if you previously filed a petition to discontinue sex offender registration and it was denied.

A copy of the petition must be filed with the prosecuting attorney at least 30 days before the hearing on the petition is held. The prosecuting attorney is entitled to appear and participate in all hearings regarding the petition. The prosecutor is also required to provide notice of the petition to the victim of the crime. The victim has the right to attend all proceedings related to the crime and to make a written or oral statement to the court before a decision is made.

If your petition is granted, the order removing you from the sex offender registry will be forwarded to the Michigan State Police to carry out removal from the sex offender registry. If the petition is denied, the order is filed and you are precluded from petitioning for removal again.

Seeking Removal from the Sex Offender Registry? Contact Elmen Legal Today.

Filing a petition for removal from the sex offender registry is complicated. The stakes are high, and you only have one chance to file the petition. To give yourself the best chance of success, you should not attempt to seek removal from the sex offender registry without assistance from an experienced criminal defense attorney.

Elmen Legal will carefully evaluate your circumstances to determine your eligibility. If you are, Elmen Legal will prepare the petition on your behalf and present a cohesive and compelling argument requesting your removal from the sex offender registry.

To learn more, contact Elmen Legal or call (734) 707-8915 today to schedule a confidential consultation to discuss your situation and how Michigan criminal defense attorney Robert Elmen can help.