Removal from the Michigan Sex Offender Registry
If you are currently required to register as a sex offender, you may be eligible to petition for removal or a reduced registration period.
Who is eligible to petition for removal?
Under certain circumstances, a registrant can be eligible for removal from the Michigan Sex Offender Registry. Examples include:
- Offenders who engaged in consensual sexual activity with a teenage victim less than four years younger than them – also known as ROMEO & JULIET OFFENDERS
- Juvenile offenders under the age of 14 who were not tried as an adult
- Juveniles in the 14 to 16-year-old age group who were not tried as an adult and did not commit a TIER III offense
Who is eligible to petition for a shorter registration?
Juveniles aged 14-16 who committed a TIER III offense (see below) and who have not reoffended must register for life on the non-public registry. Still, they may petition for removal after 25 years. All Tier I offenders must register for 15 years but may petition for removal after 10 years if they have not reoffended and the court determines removal would be just and equitable.
Is it best to seek the assistance of an experienced lawyer when petitioning for removal from the Michigan Sex Offender Registry?
It is in your best interest to consult with an experienced criminal defense attorney before petitioning for removal from Michigan’s Sex Offender Registry. If unsuccessful, you might not get a second bite at the apple. Petitioning for removal from Michigan’s Sex Offender Registry is a complex legal process involving an intricate understanding of state laws and the nuances of the judicial system. An experienced criminal defense lawyer will be familiar with the specifics of Michigan’s registry laws and any recent changes or legal precedents that might influence the outcome of a case. Representing oneself can be a perilous venture, as most laypeople lack the necessary legal knowledge and training to navigate the nuances and intricacies of the law. Even small procedural mistakes could jeopardize an individual’s chance of removal from the registry.
Similarly, while trained in the law, a general practice attorney may not have the depth of experience or understanding specific to the unique challenges and nuances associated with sex offender registry cases. An inexperienced attorney might also miss key legal arguments or strategies that could significantly impact the case’s outcome. Additionally, experienced criminal defense lawyers have built relationships within the legal community, including with judges and prosecutors, which can aid in negotiations or understanding the particular inclinations of those deciding on the petition. Given the profound personal and social implications of remaining on the Sex Offender Registry, it is crucial to work with someone who offers the best chance for a successful outcome – and that is an experienced criminal defense lawyer.
What is a Tier III Offense?
- Gross indecency between males, victim under 13
- Gross indecency between females, victim under 13
- Gross indecency between male and female, victim under 13
- Kidnapping committed against a minor
- Kidnapping a victim under 14
- 1st Degree CSC
- 2nd Degree CSC
- 3rd Degree CSC
- 4th Degree CSC if the victim is under 18
- Assault w/ Attempt to commit penetration
- Assault w/ Attempt to commit a sexual touch
- OR attempts or conspiracies for any of the above
What is a Tier II Offense?
- Distributing or promoting child sexual abuse material
- Accosting, enticing, or soliciting a minor aged 16 and below for immoral purposes
- Soliciting a minor aged 16 and below for an immoral purpose – second offense
- Offense against nature – sodomy, if the victim is under 18, but older than 13
- Assault with intent to commit second-degree criminal sexual conduct (CSC 2nd degree) if the victim is older than 13 but younger than 18
- Gross indecency between females and males if the other person was aged between 13 and 18 at the time of the violation
- Gross indecency between females, if the victim is a minor younger than 18 but older than 13
- Gross indecency between males, if the other person was aged between 13 and 18
- Procuring or conspiracy to commit the crime of procuring a person for prostitution
- Soliciting prostitution or any criminal sexual activity if the victim was a minor
- The use of a minor for commercial aggravated sexual abuse activity
- Creating child pornography, producing child pornography, or financing child pornography
- Second and fourth-degree criminal sexual conduct (CSC 2nd and 4th degree)
- Other offenses substantially similar to a Tier Two crime listed under federal law
What is a Tier I Offense?
- A person who knowingly possesses any child sexually abusive material
- Indecent exposure with fondling of self, if the victim is a minor
- Unlawful imprisonment/restraint if the victim is a minor
- 4th Degree CSC if the victim is 18 or older
- Assault w/ Attempt to commit (touch) if the victim is 18 or older
- Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of an individual having a reasonable expectation of privacy, if the victim is a minor.
- Anyone who was at the time of the offense is a sexually delinquent person
- Catch-all provision
Who is a Romeo and Juliet Offender?
An individual currently required to register on Michigan’s Sex Offender Registry may petition for immediate removal from the registry, if the offense was the result of consensual sexual activity, and either:
- The victim was at least 13 years old, but less than 16 years old, and the offender was not more than four (4) years older than the victim.
- The offender was convicted of (a) a crime against nature or sodomy against a victim under 18, (b) gross indecency victim 13-17 years old, or (c) 2nd Degree CSC and “that other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections,” AND the victim was 16 years or older at the time of the offense, AND the victim was not under the custodial authority of the offender at the time of the offense.
What should I do if I am eligible for removal from the Michigan sex offender registry?
It is imperative that you hire the best lawyer you can to help you because individuals who are currently on the Michigan Sex Offender Registry may only submit a petition for removal once and only once. Although no lawyer can ethically guarantee that your petition for removal or a reduction will be successful, it is critically important to do everything right the first time to have the best chance of success.
Some cases can be complicated, and you may need to hire us to review your case for eligibility. In other cases, the options are evident, and we can help determine a strategy for you right away. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. looks forward to assisting you with removal from the Sex Offender Registry or a petition for a shorter registration requirement.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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