Remove Your Name from SORA – Michigan Defense Lawyer

>   > See our other SORA Page:  Michigan Sex Crimes

The Michigan Sex Offender Registration Act SORA was overhauled on July 1, 2011. The changes were broad and will affect many. Some will find it helps them, others will find it hurt them, as the new law extended their registration requirement from 10 years to 25 years, or from 25 years to Life. In making this change, Michigan moved from a "one size fits" all sex offender registry to a multi level one. As discussed below, there are now 3 different levels or Tiers. Which level an offender is placed on depends on the type of crime and the age of the victim.

Juvenile offenders who were convicted prior to July 1, 2011, and who were under 14 years of age when convicted can petition to be completely removed from SORA registration.On our other page Michigan Sex Crimes, we discussed many SORA issues, particularly the most asked question: Why am I on SORA? SORA is finally being recognized for the serious, life changing, punishing penalty that it is. A Michigan Court of Appeals decision (Jan. 2011) found that a defense attorney who did not properly advise a client about SORA registration did not adequately represent the client; the conviction was reversed. 

How Can I Remove My Name From the Sex Offender Registry (SORA)?

The answer is less than clear. Before the July 1, 2011 changes, you could not ask to remove your name from the list. Once you were registered, there was no alternative. Juveniles (age 16 or less) who committed a SORA offense were kept on a private list and at age 18 they too were placed on the public list. The high school sweethearts who got carried away, went a bit too far too fast, and the older student charged and convicted, was placed on SORA. The 2011 changes are new and there is little direction of what and how to file to have your name removed from SORA.

Perhaps one important point to keep in mind:  you get one shot at this. If you do not file a proper petition, and a court denies it, you are out of luck. This means you will have to keep registering for the next 10 or 15 years. Speak to a knowledgeable attorney. Do NOT go it alone.

Under the July 2011 changes, those individuals who are currently required to register and are eligible for name removal from SORA, can petition the court to have themselves completely and permanently removed from the list. Others who were convicted of certain specified crimes which required 25-year registration under the old law can ask a court to reduce their registration period from 25 years to 10 years.

Be warned: removal of your name from SORA is NOT automatic nor is is guaranteed. You must take action and proactive steps to file the proper documents, in the proper court, and present the proper proofs at a hearing; then the decision is up to a  judge.

There are — in theory anyway — a couple of groups of persons that should be automatically removed from the list. Other individuals are now allowed to ask (petition) to be removed from the list; still others can ask to have their registration time cut by 15 years. The final decision is up to a judge, and winning such a request is not a sure thing by any stretch of the imagination.

Romeo and Juliet Cases.

Persons who were convicted of a Romeo and Juliet sex crime prior to July 1, 2011 can now petition a court to have their name completely removed from SORA. To qualify, the person must be able to show — at a present day hearing — that the 13 to 16 year old victim consented to the sex act, and the accused must not have been more than 4 years older than the victim.

Juvenile Offenses.

Juvenile offenders who were convicted prior to July 1, 2011, and who were under 14 years of age when convicted can petition to be completely removed from SORA registration.

SORA Registrants Whose Crime no Longer Requires Registration.

Persons who were convicted prior to July 1, 2011 of a sex offense that required SORA registration are not automatically removed from the list. Those who were convicted of a registration offense, who are currently on SORA, whose crime no longer requires registration, are allowed to ask (petition) a court to be removed from the list.

What do Ask My Name be Removed from SORA?

A petition and documentation must be filed with the court and a hearing held to decide whether to grant your request. The victim of the crime is given the chance to be at the hearing and express their wishes.

There is much more that can be said on this subject. Contact our office for an appointment.

Contact Us

Contact us for Experienced Representation.

Attorney Bruce Alan Block is a Grand Rapids, Michigan criminal defense lawyer who has successfully handled criminal cases where a person was charged with a sex offense. If you need legal advice or an attorney to represent you or a family member for a sex crime or a criminal offense, we are prepared to defend you and seek the truth. If you are presently on the sex offender registry and think you may qualify to be removed, make an appointment to come talk with us so that we can evaluate your case.

If you or a family member has been charged with or accused of a sex crime you need immediate advice from an experienced criminal defense attorney. Contact our Grand Rapids, Michigan, marijuana criminal defense lawyer at (616) 458-8585.

Bruce Alan Block, PLC

Attorney and Counselor at Law
4251 Cascade Road SE, Grand Rapids, Michigan 49546
Phone: (616) 458-8585

Serving Clients throughout Western Michigan, in Grand Rapids, Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent, Barry, Ottawa, Muskegon and Ionia County. We represent college students from Calvin College, Aquinas, Grand Valley State University, Cornerstone College, Grand Rapids Community College, Michigan State University, and Western Michigan University.