Recently, the laws surrounding Michigan’s sex offender registry have come under intense scrutiny. Proponents of such a classifying system argue that registries help parents and other upstanding citizens keep track of violent sexual offenders and pedophiles who prey on children, but those opposed point to research that suggests otherwise.
Sex offender registry lists may, in fact, do little to protect communities from danger, and instead create trouble and torment for those nonviolent offenders who are unlikely to reoffend. (It’s interesting to note that the state of Michigan has the fourth highest per capita number of offenders on its list; and is only one of four that requires those convicted of public urination to register — seems crazy, right?)
Many argue that Michigan’s sex offender registry laws are too broad, and maybe even downright unconstitutional. That: That’s for someone else to decide on a different day, and here what we’ll talk about instead is this:
How to Remove Your Name from Michigan’s Sex Offender Registry
If you were convicted of a sex crime in Michigan, and were required to add your name to the list of sexual offenders in the state, know that you may qualify to petition the court, to have your name removed from the sex offender registry.
Do you know what kind of information the state has on you?
More than you might think.
The sex offender registry in Michigan contains:
- Your name
- Your place of employment,
- Your mugshot,
- The crime(s) that put you on the list
- Your car’s make, model, color and license plate.
Do I qualify to petition the court to have my name removed?
Thanks to the Sex Offender Registry Act (SORA), Public Act 17 and Public Act 18, of 2011, certain sexual offenders in Michigan can petition to have their names removed from the state’s sex offender registry; prior to the Act’s passage in 2011, this was not possible, for any reason whatsoever.
Now, things are different.
Tier I offenders — those whose offenses were the least severe (e.g., indecent exposure, most cases of fourth degree criminal sexual misconduct, and possession of child pornography) — may petition the court to have their names removed from the Michigan sex offender registry list after 10 years. Before 2011, such offenders would be required to wait 15 years.
Tier III offenders are those whose crimes were more severe (e.g., first degree criminal sexual misconduct, and child molestation), and are required to register for life. However, under SORA, Tier III offenders may petition the court to reduce their registration sentence to 25 years — but only if the offender was a juvenile at the time of offense.
With that in mind, juvenile offenders — those convicted before July 1, 2011, and those who were under the age of 14 at the time of conviction — may petition the court to have their names removed entirely.
You might qualify to have your name removed from the sex offender registry.
The Sex Offender Registry Act of Michigan makes it possible to have your name removed from the sex offender registry, so there is hope. But it’s not a perfect process, nor an easy one. And you only get one shot. This is why it’s absolutely necessary to have an experienced attorney in your corner as you petition the court for removal from Michigan’s sex offender registry.
Don’t let a sex offense ruin your life. New amendments to the Michigan Sex Offender Registry Act (SORA) now make it possible to remove your name from the list. As of July 1, 2011, sex offenders who meet the “Romeo and Juliet” – or statutory rape – exception, and juvenile offenders who were convicted before July 1, 2011 and were below the age of 14 when convicted are eligible to be removed from the SORA.
How Nessel Defense Law can Remove your name from the SORA
If you’re a minor in Michigan convicted of having sex with another individual under the age of 16, it is now possible to remove your name from the SORA. You can petition to have your name removed and you may be granted a hearing to remove your name from the SORA. To do so, you’ll have to demonstrate:
- The “victim” consented to the sex act, and
- The “victim” was no younger than 13 years old, and
- The “offender” was no more than 4 years older than the “victim”.
Keep in mind that just because a hearing is scheduled, this does not grant automatic removal from the SORA. You only get ONE CHANCE to clear your name. If your hearing does not go well and your name is not removed from the SORA, you’ll have to keep appealing for the 10 – 15 years of your life. Don’t go through this process alone. You’ll need the quality legal team at Nessel Defense Law. Nessel Defense Law will file your extensive paperwork and give you the best representation and advice possible during your petition and hearing.
The Consequences of Sex Crimes
The consequences of a sex crime conviction are severe; they will affect both your entire life and your family’s life. You need take every action possible to restore your name and avoid harsh penalties. The consequences in Michigan include:
- An obligation to register your name with the SORA up to four times a year.
- Your name and picture may be posted on postcards and distributed throughout your neighborhood
- Your name and picture may be posted on the internet and phone apps distinguishing you as a sex offender and showing where you live
- You may be banned from entering schools and even being within a 1,000 foot radius of any school zone
- You will face jail time and a fine
Contact Nessel and Kessel in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of. Nessel and Kessel in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.
About Nessel and Kessel
With more than two decades of experience, , Nessel & Kessel is one of Michigan’s premiere litigation firms. Nessel & Kessel’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights