If you are currently required to register as a sex offender, you may be eligible to petition for removal or a reduced registration period.
Who is eligible to petition for removal?
- Offenders who engaged in consensual sexual activity with a teenaged victim less than four years younger than them – also known as ROMEO & JULIET OFFENDERS
- Juvenile offenders under the age of 14 who were not tried as an adult
- Juveniles in the 14 to 16-year-old age group who were not tried as an adult and did not commit a TIER III offense
Who is eligible to petition for a shorter registration?
Juveniles aged 14-16 who committed a TIER III offense (see below) and who have not reoffended are required to register for life on the non-public registry, but may petition for removal after 25 years.
All Tier I offenders, are required to register for 15 years, but may petition for removal after 10 years if they have not reoffended and the court determines removal would be just.
What is a Tier III Offense?
- Gross indecency between males, victim under 13
- Gross indecency between females, victim under 13
- Gross indecency between male and female, victim under 13
- Kidnapping committed against a minor
- Kidnapping victim under 14
- 1st Degree CSC
- 2nd Degree CSC
- 3rd Degree CSC
- 4th Degree CSC if victim is under 18
- Assault w/ Attempt to commit penetration
- Assault w/ Attempt to commit a sexual touch
- OR attempts or conspiracies for any of the above
What is a Tier I Offense?
- A person who knowingly possesses any child sexually abusive material
- Indecent exposure with fondling of self, if the victim is a minor
- Unlawful imprisonment/restraint if the victim is a minor
- 4th Degree CSC if the victim is 18 or older
- Assault w/ Attempt to commit (touch) if the victim is 18 or older
- Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy, if the victim is a minor.
- Anyone who was at the time of the offense is a sexually delinquent person
- Catch-all provision
Who is a Romeo and Juliet Offender?
An individual currently required to register on Michigan’s Sex Offender Registry may petition for immediate removal from the registry, if the offense was the result of consensual sexual activity, and either:
- The victim was at least 13 years old, but less than 16 years old, and the offender was not more than 4 years older than the victim.
- The offender was convicted of (a) crime against nature or sodomy against victim under 18, or (b) gross indecency victim 13-17 years old, or (c) 2nd Degree CSC and “that other person is under the jurisdiction of the department of corrections and the actor is an employee or a contractual employee of, or a volunteer with, the department of corrections who knows that the other person is under the jurisdiction of the department of corrections,” AND the victim was 16 years or older at the time of the offense, AND the victim was not under the custodial authority of the offender at the time of the offense.
What should I do if I believe I am eligible to petition for removal or a reduction?
It is very important that you hire the best lawyer you can to help you because individuals who are currently on the Michigan Sex Offender Registry may only submit a petition for removal once and only once. Although no lawyer can ethically guarantee that your petition for removal or a reduction will be successful, it is critically important to do everything right the first time so that you have the best chance of success.
Call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 for a free consultation and case evaluation or complete a Request for Assistance Form and we will promptly contact you. Some cases can be complicated and you may need to hire us to review your case for eligibility. In other cases, the options are evident and we can help determine a strategy for you right away. We look forward to helping you with removal from the Sex Offender Registry or a petition for a shorter registration requirement.