Michigan Sex Offender Registry Removal Attorney
Are you eligible for removal or reduction?
There are 4 different cases where you will be allowed to petition a court for either a removal from the Sex Offenders Registration Act (SORA) list, or a reduction in the time that you are required to register. They are:
- Removal in consensual cases (Romeo and Juliet - effective July 1, 2011)
- Removal of some juvenile judgments
- Reduction in length of registration for Tier I and III offenses
- Removal for individuals convicted of offenses no longer considered listed offenses
“Romeo and Juliet”
Statutory rape occurs when one or both parties involved in a sex act are under the legal age of consent in Michigan, which is 16-years-of-age. Michigan law states that a person under the age of 16 years is legally incompetent and cannot consent to sex. Because of this, if an older male teenager has sex with a girl below the age of 16 and the girl’s parents press charges, he can be convicted as a sex offender. It does not matter if the girl said “yes”, Michigan law states any sex act with a girl below the age of 16 in Michigan is illegal. The new Romeo and Juliet amendment now makes it possible for minors convicted of statutory rape to be removed from the SORA list. This is a major breakthrough as it will allow convicted sex offenders – who were otherwise innocent adolescents consenting to sex – to be completely removed from list for life.
The sex offender must appeal to the court for removal and they must qualify for a hearing by meeting these requirements:
- The “victim” consented to the sex act, and
- The “victim” was at least 13 years old, but less than 16 and
- The “offender” was no more than 4 years older than the “victim”
If the above qualifications for the petition are met, the defendant may be granted a hearing. Keep in mind that just because a hearing is scheduled, this does not grant automatic removal from the list.
Hearing On The Petition
The court will consider all of the following when determining whether the petition for sex offender registry removal will be granted:
- Your age and level of maturity at the time of the offense
- The victim’s age and level of maturity at the time of the offense
- The nature of the offense
- The severity of the offense
- Your prior juvenile or criminal history
- Your likelihood to commit further listed offenses
- Any impact statement submitted by the victim
- Any other information considered relevant by the court
Tier I Offenders
A petition may be granted if all of the following apply:
- Ten or more years have elapsed since the date of conviction or from release from confinement, whichever occurred last
- You have not been convicted of any felony since your date above
- You have not been convicted of any listed offense since your date of release
- You successfully completed your assigned periods of supervised release, probation, or parole
- You successfully completed a sex offender treatment program if a condition of your confinement, release, probation, or parole
Tier III Offenders
A properly filed petition may be granted if:
- Your register is open to the general public
- Twenty-five or more years have passed since the date you were sentenced or released from any prison for that offense, whichever occurred last
- You have not been convicted of any felony since the date described above
- You have not been convicted of any listed offense since the date described above
- You successfully completed your period of supervised release, probation, or parole
- The court determines that you successfully completed a sex offender treatment program that was a condition of your confinement, release, probation, or parole
Tier I, Tier II, Or Tier III Offenders
A properly filed petition may be granted if the court determines that the conviction for your offense was the result of a consensual sexual act between you and the victim and any of the following categories apply:
- The victim was 13 years of age or older but less than 16 years of age at the time of the offense
- You are not more than 4 years older than the victim.
- You were convicted of a crime against nature or sodomy, Gross indecency between males, Gross indecency between females, or Gross indecency between a male and a female
- The victim was 13 years of age or older less than 16 years of age at the time of the violation
- The individual is not more than 4 years older than the victim.
- You were convicted of a crime against nature or sodomy, gross indecency between males, gross indecency between females, gross indecency between a male and a female or Criminal Sexual Conduct in the 2nd Degree
- The victim was 16 years of age or older at the time of the violation
- The victim was not under the custodial authority of the individual at the time of the violation
A petition for tier I, tier II, or tier III offenders must be granted if either of the following applies:
- You were adjudicated as a juvenile and less than 14 years of age at the time of the offense
- You were registered under [the SORA] before July 1, 2011 for an offense that required registration but for which registration is not required on or after July 1, 2011.
What Should I Do Now?
Make sure you are receiving the help you need to submit a successful petition. Don’t risk losing this opportunity to possibly remove yourself from the SORA list. I will determine for you exactly what you need to do and when you need to do it.
Call Leslie Posner Law at 866-697-7404, toll-free from anywhere in Michigan, or locally at 313-628-4711. At Leslie Posner Law, you can be confident that I will do all that I can to get you the best possible results.