The Michigan Sex Offenders Registration Act directs the Michigan State Police to develop and maintain a public registry and provides guidelines on the type of offender information available to the public. The registration requirements of the Sex Offenders Registration Act are intended to provide the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger. This link reflects the current statute and due to continuous legislative changes, may not be indicative of the statute at the time the offender was convicted.
Most sex offenses in Michigan require registration with the state’s sex offender database, and periodic verification that your information in the database is current. There are some exceptions that a qualified Michigan sex crimes lawyer can explain. Sex offenders in the registry are categorized into three tiers based on the seriousness of the offense. The registration requirements differ slightly for each tier. A skilled criminal defense attorney can discuss your specific offense and where it falls into this classification.
Tier I — These are the least serious offenses. Tier I offenders stay in a non-public registry for 15 years, and must verify their information once per year. Tier I offenders may include people convicted of 4th-degree criminal sexual conduct or indecent exposure.
Tier II — Tier II offenses are more serious, and include convictions such as 2nd-degree criminal sexual conduct involving a victim age 13 or older, distribution of child pornography, or pandering.
Tier II offenders stay in a public registry for 25 years, and must verify their information twice per year.
Tier III — Tier III offenses are the most serious sex offenses and include offenses such as 1st-degree criminal sexual conduct, 2nd-degree criminal sexual conduct involving a victim under age 13, or assault with intent to commit criminal sexual conduct involving penetration. Tier III offenders stay in the public registry for life and must verify their information four times per year.
Depending on certain factors, a person can ask a judge for permission to stop registering and be removed from the registry. They can do this using the Petition to Discontinue Sex Offender Registration and Order. The form comes with instructions about when someone is eligible to use it and about how to complete it.
There are five scenarios that could make you eligible for this process. They are:
You were convicted as an adult and you are a Tier I offender. Check to see what Tier you’re in by looking at the PSOR. Tier I offenses are defined in sections (r) and (s) of MCL 28.722.
You were adjudicated as a juvenile and you are a Tier III offender. Contact your registering authority to find out what Tier you’re in. Tier III offenses are defined in section (v) of MCL 28.722.
You were convicted of an offense listed in sections (s), (u), or (w) of MCL 28.722, and it was the result of a consensual sexual act between you and the victim.
You were registered under the Act before July 1, 2011 but registration is no longer required. Contact your registering authority to see if your registration requirement has been discontinued.
You were adjudicated as a juvenile for an offense listed in sections (s), (u), or (w) of MCL 28.722, and you were less than 14 years old at the time of the offense. Contact your registering authority to see if your registration requirement has been discontinued.
Even if you fall into one of these scenarios, there are more requirements that you must meet before a judge would approve your petition. Some examples include a minimum amount of time that has passed since the offense, and completing a sex offender treatment program. If your situation matches one of the ones listed above, the instructions in the petition packet will give you more information about the other requirements.
