As one of the most well known Criminal Defense Law Firms in the State of Michigan, we frequently get calls from individuals who are interested in requesting removal from the Michigan SORA. The process of determining whether someone is eligible for removal is highly complex and there are no easy answers. The following information may give you some guidance that you can use to determine whether it would be worth investing in a lawyer for a more formal assessment.
Who is eligible to petition for removal from Sex Offender Registration?
Those who were convicted of engaging in consensual sexual activity with a teenager who was less than four years younger than the offender and at least 13 years old. This is known as the Romeo & Juliet situation. Juveniles who were adjudicated or convicted, as a minor, and were under the age of 14 at the time of the offense. Finally, juveniles aged 14 to 16 years old who were adjudicated as a minor and the offense was a Tier I or Tier II offense,.
Who is eligible to Petition for a Shorter Registration?
Juveniles who were aged 14 to 16 and committed a Tier III offense and who have not reoffended are required to register for life on the non-public registry. These individuals can petition for removal from the nonpublic registry after 25 years. Finally, all Tier I offenders are required to register for 15 years but may petition for removal after 10 years if they have not reoffended.
Should I hire a lawyer and, if so, what type of lawyer should I hire?
Individuals who are currently on the Michigan Sex Offender Registry may only submit a petition for removal ONCE. Failure to complete a petition properly or failure to properly advocate a petition can be permanently fatal. If you are going to attempt to get removed from the registry, you need expert representation. There are times to bargain hunt and there are times when only the best will do. If you are representing yourself, you are expected to conduct yourself as an attorney and to follow the same general rules as an attorney.
If you are interested in hiring LEWIS & DICKSTEIN, P.L.L.C. to do a formal evaluation for you of your options, please call for a consultation at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you.