Sex Offender Registry Removal Lawyer in Michigan
What is the Michigan Sex Offender Registry (SOR)?
The Michigan Sex Offender Registry is a governmental database that is maintained by the state of Michigan which includes the names, addresses and criminal sex convictions of everyone in Michigan convicted of an offense that requires registry. Offenders are required to register their addresses with the Michigan State Police after they are convicted and must continually report to the state police on a specific schedule to verify their addresses. A failure to verify an address is a criminal offense and can result in a misdemeanor or felony charge. Some criminal sex convictions require public registry, while others do not. The length of time required to be on the registry also varies depending on the conviction that an individual has. Offenders must remain on the registry for a period of 15 years, 25 years, or life depending on the crime they were convicted of. There are currently around 44,000 individuals on the Michigan Sex Offender Registry, which puts it among the largest sex offender registries in the country.
What Types of Convictions Require Registry?
An individual who has been convicted or adjudicated of a “listed offense” as defined in MCL 28.722 must register with the Michigan Sex Offender Registry. The most common criminal sex convictions that require registry include:
- Criminal Sexual Conduct
- Gross Indecency
- Knowing Possession of Child Sexually Abusive Material
- Indecent Exposure
- Assault with Intent to Commit CSC Involving Penetration
- Certain Kidnapping Offenses
These are not all of the convictions that require registry on the Michigan SOR. If you have specific questions about the requirements of your conviction, then it is important to speak to an experienced attorney who can best answer your specific questions.
Who is Eligible to Petition for Removal?
Did you know that there are various circumstances that may make an offender eligible to be removed from the Michigan Sex Offender Registry? The three main categories of offenses that allow offenders to petition for removal from the Michigan SOR, they are:
- Romeo & Juliet Offenders.
- Juvenile offenders convicted under the age of 14 who were not tried as an adult.
- Juveniles between 14-16 years old when convicted, were not tried as an adult, and did not commit a Tier III offense.
If your case fits the description of the one of the three categories above, then you may be eligible to file a petition for removal from the registry. If your case fits the third category, then look below to see if your offense is a Tier III offense.
A petition for Tier I, Tier II, or Tier III offenders can be granted if:
- A juvenile adjudication took place before the age of 14, OR
- An offender was first registered before July 1, 2011 for an offense that required registration and after July 1, 2011 that offense no longer required registration.
Romeo & Juliet Offender Law Explained
A Romeo & Juliet offender may petition for immediate removal from the Michigan Sex Offender Registry if a number of factors are true:
Firstly, the sex offense conviction must have been the result of consensual sexual activity. To be considered a Romeo & Juliet offender, the remaining factors of the case must match to either category 1 or category 2.
Category 1. All of the following must be true:
- The victim was between the ages of 13-16.
- The offender was less than 4 years older than the victim.
Category 2. All of the following must be true:
- The offender was convicted of:
- Crime against nature or sodomy against victim under 18, OR
- Gross indecency against victim 13-17 years old, OR
- Criminal sexual conduct in the second degree, and the other person is under the jurisdiction of the Michigan department of corrections or is an actor of the department.
- The victim was at least 16 years old at the time of the offense.
- The victim was not under the custodial authority of the offender during the offense.
If you think you might be eligible or have questions relating to your case potentially being deemed a Romeo & Juliet offense, then it is important to speak to an experienced sex crimes attorney who can best help you.
Who is Eligible to Petition for a Shorter Registration Period?
Even though an offender may not be eligible to be removed from the Michigan Sex Offender Registry due to their case circumstances, they may be eligible to petition for removal once enough time has passed. The two main categories that describe who is eligible to petition for shorter registration are:
- Juveniles between 14-16 who committed a Tier III offense and have not reoffended are typically required to register for life on the non-public sex offender registry. Once 25 years have passed, that person may petition for removal.
- Tier I offenders are typically required to register for 15 years. Once 10 years have passed and they have not reoffended, they can petition for removal.
Registration Tiers Explained
There are three registration tiers that exist on the Michigan Sex Offender Registry. Criminal sex offenses can be labeled as Tier I, Tier II, or Tier III offenses.
If you are curious about what tier your offense is, and what possibilities you may have for removal from the Michigan sex offender registry, then give us a call at Grabel & Associates so we can help.
What the Court Will Consider
If you are looking to petition for removal from the Michigan Sex Offender Registry, it is important to know that you are only allowed one opportunity. If your petition is denied, you are not allowed to file another. In considering a petition, a judge will look into a number of factors to help him or her determine if you should be removed from Michigan’s SOR, they include:
- Your age and maturity when the offense occurred
- The victim’s age and maturity when the offense occurred
- Your criminal history
- Your likelihood to reoffend
- The nature and severity of the offense
- Anything else that a court could deem relevant
Other factors may be relevant to your case and petition. If you are considering filing a petition for removal from the Michigan Sex Offender Registry, then call us at Grabel & Associates for a FREE consultation.
Call Today for a Free Consultation
If you or a loved one are looking to petition for removal from the Michigan Sex Offender Registry, then it is important to speak to an experienced sex crimes defense lawyer as soon as possible. At Grabel & Associates, our attorneys have over 100 years of combined experience in successfully defending criminal cases all over the state of Michigan. We offer a FREE consultation to anyone looking to petition for removal from Michigan’s SOR. Feel free to contact us on our 24/7 defense line at 1-800-883-2138 or contact us online. You can also come visit us at one of our three statewide locations in Lansing, Grand Rapids, and Ann Arbor, Michigan.