A Step-by-Step Petition Guide on Michigan Sex Offender Registry Removal

The consequences of getting listed on Michigan's Sex Offender Registry extend beyond courtrooms and paperwork. They include the job opportunity that never materializes, the dream apartment that slips away, and the sideway glances from neighbors. The constant, invisible weight can be stressful – but Michigan sex offender registry removal offers a path forward.

As an experienced Michigan lawyer with more than two decades of practice, I'll break down the process step by step and give you clarity on how to develop a successful petition strategy for Michigan's Sex Offender Registry (MSOR) removal.

How I Successfully Petitioned Removal from MSOR for a Client

In March 2025, I filed a petition to discontinue sex offender registration on behalf of my client, Eric Michael, in Jackson County Circuit Court. The hearing was scheduled and the court accepted the petition for review without procedural delay. Soon enough, Eric got full legal relief. I'll be using this case as an example of how you can secure sex offender registry relief. 

In 1998, at only 18 years old, Eric was convicted of Criminal Sexual Conduct in the second degree under Michigan Compiled Laws (MCL) 750.520c. The victim (his high school girlfriend) was 15 years old. The sexual contact was consensual. Despite the circumstances, the conviction led to a Tier II registration requirement under the Michigan Sex Offender Registration Act (SORA), mandating Eric to remain on the public registry for 25 years.

In 2025, Eric had long completed his sentence, successfully reintegrated into society, relocated to Utah, and was engaged to be married. He maintained a clean criminal record and fully adhered to the conditions of his original Judgement of Sentence which included completing sex offender treatment. Still, the SORA label remained. And that's where I stepped in. 

I grounded the petition firmly in the “Romeo and Juliet” rule under MCL 27.728c(14)(a) which mandates removal from the registry if the act was consensual, the victim was between 13 and 16 years old, and the defendant’s age difference didn't exceed four years. I also elevated the argument with a narrative arc rooted in the rehabilitation efforts Eric had demonstrated. This legal strategy is a powerful example of how Michigan sex offender registry removal is possible when the right conditions and arguments are presented clearly.

I emphasized that the Legislature's intent behind the statute was to offer relief to individuals like Eric whose conduct was illegal under the letter of the law but not predatory in nature. In my filing package, I included:

-A Verified Petition under oath from Eric

-A Notice of Hearing

-Proof of Service for both the court and the prosecutor 

-A Proposed Order for judicial signature

-A legal brief citing MCL 28.728c (14)(a) and provided a full factual timeline 

Now, let's break down everything I did. 

First Things First, What is MCL 28.728?

This provision of Michigan law offers eligible individuals a statutory avenue for removal from the registry. But it's not open for everyone. For you to be considered, you must have completed all terms of your sentence (like Eric did), have been convicted or adjudicated for certain types of sex offenses, and fall under specific exceptions laid out in the law. If you meet those conditions, the court may grant registry relief.

Who Qualifies for Michigan Sex Offender Registry Removal

Subsection 3 of MCL 28.728c gives clear guidance on who's eligible. A petition may be submitted by any individual classified within Tier I, II, or III. However, they first have to qualify under either Subsection 14 or 15. Subsection 14 invokes the “Romeo and Juliet” exception, which I applied in Eric's case.

The other alternative under subsection 14 is when the offense falls under MCL 520.c(1)(i), 338, 338a, 338b, or 750.158. Additionally, the victim has to have been 16 years or older and not under the guardianship of the defendant at the time of the offense.

Subsection 15 only applies if the person was a juvenile under the age of 14 when they committed the offense. Or, if the person was added to the registry before July 1, 2011, and their offense doesn't require registration anymore under the updated SORA law.

Factors to Consider Before Filing to Leave the Registry 

You need to look closely at the law to ensure you qualify under every requirement. Some of the things you'll focus on include:

Your Tier level - Your tier level determines how long you stay in the sex offender registry. And you can use MCL 28.722 to understand which tier you fall under. Ideally, Tier I covers the least serious offenses and if this is your tier, you may qualify for removal after 10 years. A Tier II sex offender commits mid-level offenses and they get off the registry in Michigan after 25 years. Tier III is for the most serious offenses and this attracts lifetime registration. However, certain exceptions like MCL 28.728c(14)(a)) exist that may vacate the lifetime registration. 

Age gap - Submit the exact dates of birth and the offense dates to establish the age difference. Note that if the difference is even a day over the required 4-year difference in the “Romeo and Juliet” rule, you may be ineligible. 

Clean record after the offense - You can't have any new felonies or offenses that would get you back on the registry. And although minor run-ins like misdemeanors that aren't sex-related might not hinder your petition directly, they may still influence the judge's perception of your case. 

Was the act truly consensual? - This factor can be a big sticking point. To strengthen your case, you'll need to accompany your petition with police reports, witness statements, or affidavits. If possible, secure a written statement from the victim. However, proceed with caution as this may be seen as retraumatizing the victim.

A Step-by-step Guide on Michigan SORA Removal Process

Before you file your petition, ensure you've included a clear explanation of how you meet each requirement and the legal reason you're asking for removal. And cite the exact parts of the statute that support your argument. Also, include attachments like a Judgment of Sentence (and label it as Exhibit A) and a Proposed Order for the judge to sign (Exhibit B). 

Plus, provide proof of completed therapy or supervision and records of what you've done since release. A job, stable housing, or character references help a great deal here. Also, sign your petition under oath and be sure to include a notarized statement as the person asking for removal. 

Once your petition is ready, file it in the circuit court where the original conviction or adjudication happened. Make sure you send copies of your petition to the county prosecutor (as MCL 28.728 requires) and the Michigan State Police if your local court rules require that too. In your Notice of Hearing, ensure you propose a date that's at least 21 days away to give everyone enough time to respond. Plus, attach your Notice of Hearing to your motion and serve it to both the prosecutor and court clerk.

After the hearing, the judge may choose to approve or reject your petition. If they approve, the court will sign and issue an MC 406b Order. The appropriate authorities including the Michigan State Police and Sex Offender Registry will be formally notified. At that point, you're no longer publicly listed and no more reporting will be required. If the court denies your petition, you'll receive a written order explaining the denial. Your next option is to appeal through the Michigan Court of Appeals. 

Why Expert Appellate Counsel is Essential

Petitioning for removal in Michigan by yourself is literally navigating a maze of legal nuance, deadlines, and judicial expectations. And one wrong word or one missed detail can lead to years of continued registration. But with an experienced Michigan sex offender registry lawyer on your side, you have a guide who knows the system, speaks the language, and can turn your story into a compelling legal argument that'll give you a real shot at freedom just like Eric.

If you're seeking Michigan sex offender registry removal in Michigan, don't do it alone. You've carried the weight alone long enough. It's time someone stood up with you, carried it with you, and helped you off the burden permanently. Contact me (Mark Linton) today and let's close this registry chapter together. For good.