Can I Be Removed from the Michigan Sex Offender Registry?Oct 15, 2018, by Sex Crimes in
Michigan’s sex offender registry laws are considered to be some of the strictest in all the 50 states. Lawmakers made additions to the Sex Offender Registry Act (SORA) in 2006 and 2011 to create stricter enforcements that both targeted new registrants and retroactively affected current registrars. Registrants often have trouble getting a job, renting an apartment, or spending time with their families due to their extreme restrictions. But for some people, it may be possible to be removed from the sex offender registry.
If you are wondering whether you can petition to be removed from Michigan’s sex offender registry, you may want to talk to a lawyer. The sex crimes lawyers at Davis Law Group are capable of deciphering the difficult sex offense laws and explaining whether or not you qualify for removal from the registry. Call (313) 818-3238 today or use our online contact form to schedule your free consultation today.
Different Tiers for Different Offenses
Michigan divides sex offenders into three different levels, or tiers. Tier I crimes are considered lesser offenses, while Tier III crimes are considered the most serious.
If you have been convicted of a sex crime, you need to register your address with the state police. You will remain on the registry for a certain period of time and will have to make in-person appearances with the police to verify your information. The amount of time you spend on the registry as well as the number of appearances you make will depend on the tier offense with which your conviction aligns.
What Cases Can Be Removed from the Sex Offender Registry?
Certain convicted offenders are permitted to request removal from Michigan’s SORA. These applicants include:
- Persons who were convicted of consensual crimes, also known as “Romeo and Juliet” crimes. These are typically cases where the victim was romantically involved with the offender but the victim was a minor. In Michigan, if you are under the age of 16, the court considers you incapable of being able to give consent, even if you are in a relationship, and even if the offender was a minor as well.
You may qualify for removal from SORA if the victim gave consent, was over 13 years old at the time, and there was no more than a four-year age difference between you and the victim.
- If you are a Tier I offender, and it has been 10 or more years since your conviction, you can apply. You will likely need to supply documentation that can help confirm you are not considered a threat to society.
- Offenders who were adjudicated as juveniles when they were under the age of 14 and did not commit a Tier III offense.
- Offenders whose convictions are no longer considered to be sexual offenses in the state of Michigan
Certain Tier III offenders may be eligible, if they were a juvenile when they committed the crime and were convicted. They may apply if it has been at least 25 years since their conviction.
Applying Is Just the First Step
It’s important to remember that just being eligible to apply does not automatically grant you removal from SORA. Once your application is received, the court will review a number of factors to determine if you are still considered to be a threat to the public. These factors will include:
- Your age and maturity level when you committed the offense
- The maturity level of the victim at the time the offense was committed
- The nature and severity of the offense committed
- The victim’s impact statement, if provided
- The possibility that you may commit other offenses in the future
- Any other relevant factors
Talk to a Michigan Sex Offender Lawyer
Under SORA, Michigan makes it difficult for people to escape the stigma of their past sexual offenses. But it’s not impossible, and with the right legal team, you may be able to shed the problems of your conviction and get a fresh start. The sex crimes lawyers at Davis Law Group want to help you make that happen. To schedule an initial no-cost consultation, call (313) 818-3238 today or contact us online.