Is your name is listed on the Michigan Sex Offender Registry?
If your name is listed on the Michigan Sex Offender Registry and you want it removed, this article will help you with the process. There are a series of steps and procedures that you must follow in order to have your name removed.
An order discontinuing sex offender registry does not remove a conviction from the individual's criminal history record.
To begin with, you must determine if you are eligible to have your name removed as a Michigan sex offender. Once you know that you can be removed from the Michigan Sex Offender List, you must file a petition. To file a petition, you must meet some specific conditions. There are five circumstances in which a petition can be filed:
- If you were convicted as an adult and are a Tier I offender, you may be eligible to petition the court. To determine what Tier you have been classified in, you can look for your name on the Michigan Sex Offender Registry Website.
- If you were adjudicated when you were younger than 17 years old and are also a Tier III offender, you may be eligible to petition the court.
- If you were convicted of an offense that was the result of a consensual sexual act between you and the victim, you may be eligible to petition the court. You must be able to answer “Yes” to oneof the following questions:
- The victim was 13 years of age or older but less than 16 years of age at the time of the offense and I was not more than four years older than the victim.
- The victim was 13 years of age or older but less than 16 years of age at the time of the violation and I was not more than four years older than the victim.
- The victim was 16 years of age or older and not under my custodial authority at the time of the violation.
- If you were convicted as a juvenile and can answer “Yes” to all of the following, you may beable to have your name removed from the Michigan Sex Offender List.
I was required to register based on an order of disposition that is open to the public.
It has been 25 or more years since the date of my adjudication, or if I was confined, it has been more than 25 years since I was released.
I have not been convicted of any felony since the date of my adjudication, or if I was confined, since the date I was released.
I have not been convicted of any offense listed in MCL 28.722(s), (u), or (w) since the date of my adjudication, or if I was confined, since the date I was released.
I have successfully completed my assigned period of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole.
If ordered, I have successfully completed a sex offender treatment program certified by the United States Attorney General under 42 USC 16915(B)(1) or another appropriate sex offender treatment program.
You may want to enlist the services of a criminal defense lawyer to help you. The rules are complicated and and attorney can make the entire process much easier.
Having Your name removed from the Michigan Sex Offender Registry
The prosecuting official will review your petition and also has the opportunity to participate in the hearing and to seek appellate review of any decision on the petition. The prosecuting official may or may not appear at the hearing. In addition, the prosecuting official is required to notify the victim when a petition has been filed to discontinue sex offender registration. The victim has the right to appear at the hearing on the petition and to make a written or an oral statement.
Getting Ready for Your Hearing
On the hearing date, any of the following may happen:
- The prosecuting official may attend the hearing to contest the petition. In that case, the court will hear what the prosecuting official has to say before making its decision.
- If the prosecuting official does not attend the hearing to contest the petition, the court will make its decision based on the court’s own records, as well as any response that may have been filed on behalf of the prosecuting official.
- If the victim attends the hearing and/or provides an oral or a written statement, the court will consider that statement before making its decision.
- You will have the opportunity to speak to the court at the hearing. If you do not show up, your request may likely be dismissed.
When you go to court for the hearing, take your copy of the petition with you. If you have a lawyer, they will most likely handle it for you.
Things You Should Know About Your Hearing to Have Your Name Removed From the Michigan Sex Offender Register
The hearing will usually take place at the court where the petition was filed. It is important for you to arrive to court on time; if you file a petition and are not in court when your case is called, the petition may be dismissed or denied. Bring your petition.
- If you are representing yourself, you are expected to conduct yourself as an attorney and to follow the same general rules as an attorney.
- Go to the judge’s courtroom on the scheduled day and time. Dress neatly. Get there a half hour early.
- Go into the courtroom, take a seat, and wait for your case to be called. Do not interrupt any hearing in progress.
- The court clerk will call the case and you will have the opportunity to explain your request to the judge.
- When your case is called by the clerk or the judge, go to the front of the courtroom and clearly answer any questions asked of you by your lawyer or the judge.
Getting Your Order to be Removed from the Michigan Sex Offender Register
The court prepares and signs an order after the hearing. The court will provide you and the Michigan State Police with a copy of the order. After the Michigan State Police receives a copy of the order discontinuing sex offender registration, your registration information will be removed from the department's computerized law enforcement database and from the public sex offender website. If the court denies your request to discontinue registration, your registration will remain public. An order discontinuing Michigan sex offender registry does not remove a conviction or adjudication from the individual's criminal history record.
Call our law offices for more information about having your name removed as a Michigan Sex Offender.