Michigan criminal defense attorney

How to Remove Your Name from the Sex Offender Registry

Hope name off sex offender registry

Were you convicted of a crime that required you to add your name to the public Sex Offender Registry in Michigan?

Would you like to stop reporting to the local police department?

Being charged with any type of criminal sexual conduct could cause life shattering consequences. Being convicted and then reminded of that conviction year after year is painful.

Having the courts required you to provide your name to the public Sex Offenders Registry in Michigan and report your name to the local police is embarrassing. However, it is also not always necessary.

You may qualify for petitioning the court to have your name removed from the registry.

What Kind of Information Does the Sex Offender Registry Have on You?

The registry does not only contain your name but also,

  • Your place of employment,
  • Your mugshot,
  • The crime(s) that put you on the list
  • Your car’s make, model, color and license plate.

Read through the information provided below. Please know that this information is being provided to bring hope to those who are seeking to have their name removed from the public Sex Offender Registry of Michigan and is not legal advice. If legal advice is what you need, please contact my office.

The Sex Offender Registry Act

In 2011, Sex Offender Registry Act (SORA), Public Act 17 and Public Act 18 amended the requirements when petitioning to be removed from the Sex Offender Registry. However, many still remain on the list even if they qualify to petition for removal.

Prior to 2011, your name could never be removed from the registry. However, now in certain situations it can be.

Let’s take a look at who may qualify to have their name removed from the Sex Offender Registry.

Tier I Offenders

  • Tier I offenders may be able to have the amount of time their name is on the registry reduced.
  • Before if you were a tier 1 offender, it would take 15 years before you could apply to have your name removed. Now, your name can be removed after 10 years.
  • Tier I offenders have been convicted of the least severe sex offenses. Offenses include indecent exposure, most 4th degree criminal sexual conduct convicts, and possession of child pornography.

Tier III Offenders

  • Tier III offenders are the individuals who have been convicted of more serious sex offenses. Offenses like 1st degree criminal sexual conduct and any convictions for molesting a child under the age of 13.
  • Tier III offenders are required to register for life.
  • However, with the new amendments if the offender was a juvenile at the time their required life sentence is reduced to 25 years.
  • Adult offenders of tier II or Tier III have to opportunity for reduction in time.

The Romeo and Juliet Case

  • Statutory Rape is when one or both of the individuals are under 16 years of age which in Michigan is the age of consent. These kinds of cases are more commonly known as the Romeo and Juliet cases.
  • In Michigan, if you are under the age of 16, you are considered incompetent and unable to consent to sex.
  • Here are the requirements – (1) both parties have consented, (2) neither party was under the age of 13 and (3) the offender is no more than 4 years older. If all three requirements are met, the offender may be able to apply to have their name removed from the registry as long as they can show all this at a hearing.

Juvenile Offenses

  • Individuals who were juvenile offenders convicted before July 1, 2011 and those who where under the age of 14 when convicted, may apply to have your name removed.

The Only Catch

The new law has only offered you one chance to request removal from the Sex Offender Registry. It is a onetime shot. That is why it is critical for someone who is petitioning to have their name removed to have an experienced criminal defense attorney they can trust by their side.

Summary

It may be possible to have your name removed from the Michigan Sex Offender Registry forever. There is hope. Make sure you have the best chance of having your name removed by having a competent lawyer you can trust fighting for your rights. Please call today:

248-348-7400 or 586-530-1000

This article was published on: September 24, 2014 and was last modified September 24, 2014