A criminal conviction requiring that you register under Michigan’s Sex Offender Registry Act (SORA) is terrifying. Even after you’ve completed your sentence, the mental and social impacts of the registry can make it extremely difficult to find work, housing, and return to normal life. Therefore many people find themselves asking if there is a way off the sex offender registry in Michigan.
Determining Eligibility
Michigan has some of the strictest sex offender registry laws in the nation and the majority of criminal sexual conduct (CSC) convictions are not usually eligible for removal. However, Michigan has devised a system separating CSCs into tiers 1-3 to determine eligibility for a petition to discontinue sex offender registration.
The tiers system can be difficult to understand, but here are some of the general guidelines for who can petition for removal from SORA.
You were convicted of a tier 1 charge and 10 years have passed since you were released from confinement.
You were convicted of a tier 3 charge and 25 years have passed since you were released from confinement.
Cases of Romeo and Juliet law: Where the other person was over 13 at the time of the sexual conduct, gave consent, and there was an age difference of no more than 4 years.
You were adjudicated for an offense while under the age of 14.
Determining eligibility can be extremely difficult, especially when trying to understand Michigan’s tier system. For that reason, you may want to consult an experienced Michigan criminal sexual conduct attorney to manage your case and determine how best to present your petition.
Taking the First Step
The initial eligibility paperwork is just the start of your petition. Once you’ve filed the necessary documentation and established a court date, you’ll likely need to meet with the judge. It depends on the exact circumstances, but the prosecuting official may be there as well to argue against your case.
With so much on the line, many petitioning for removal from SORA choose to hire an experienced Michigan criminal sexual conduct attorney to help craft the most compelling case for removal they possibly can.
Preventing Registration
Petitioning for removal from the SORA is extremely difficult. While an attorney may be able to help you move forward, the best thing you can do is avoid the registry in the first place. If you’ve been falsely accused of criminal sexual conduct, an experienced Michigan sex crime attorney may be able to negotiate to dismiss Criminal sexual conduct charges in exchange for a plea to a lesser offense that does not require sex offense registration.
If you have been falsely accused of criminal sexual conduct, it’s crucial that you have experienced counsel to defend you. If you’d like to schedule an appointment with an experienced Michigan criminal attorney from Levine & Levine Attorneys at Law, please don’t hesitate to send us an email or call (269) 218-8880.