9.10Petition to Discontinue Registration
A tier I offender who satisfies the requirements of MCL 28.728c(12)1 may petition the court for an order permitting him or her to discontinue registration under the SORA. MCL 28.728c(1).
A tier III offender who satisfies the requirements of MCL 28.728c(13)2 may petition the court for an order permitting him or her to discontinue registration under the SORA. MCL 28.728c(2).
3.Tier I, Tier II, and Tier III Offenders
A tier I, tier II, or tier III offender who satisfies the requirements of MCL 28.728c(14) or MCL 28.728c(15)3 may petition the court for an order permitting him or her to discontinue registration under the SORA. MCL 28.728c(3).
MCL 28.728c is the only means by which an offender may obtain judicial review of his or her registration requirements under the SORA. MCL 28.728c(4). MCL 28.728c(4) does not prohibit an offender from appealing his or her conviction or sentence as otherwise permitted by law or court rule. Id.
With the exception of convictions that occur in another state or country, a petition filed under MCL 28.728c must be filed in the court in which the offender was convicted of the listed offense. MCL 28.728c(4). If an individual was convicted in another state or country and the individual is a Michigan resident, the individual may file the petition to discontinue his or her registration under the SORA only in the circuit court of the county in which he or she resides. Id.
An individual may not file a petition if he or she previously filed a petition under MCL 28.728c, and after a hearing, the court denied the petition. MCL 28.728c(4).
At least 30 days before a hearing is held on the petition, a copy of the petition must be filed with the prosecutor’s office that prosecuted the case against the offender. MCL 28.728c(7). If the conviction occurred in another state or country, then the petition must be filed with the prosecutor’s office in the county where the offender resides. Id. The prosecutor may participate in all proceedings involving the petition, and the prosecutor may appeal any decision made on the petition. Id.
The petition must be made under oath and include all of the following information:
•Petitioner’s name and address. MCL 28.728c(5)(a).
•Identification of the offense for which the petitioner is requesting to discontinue his or her registration. MCL 28.728c(5)(b).
•Statement indicating whether the petitioner has a previous conviction for a listed offense requiring him or her to register under the SORA. MCL 28.728c(5)(c).
An individual is guilty of perjury, MCL 750.423(1), if he or she knowingly makes a false statement in a petition under MCL 28.728c. MCL 28.728c(6).
If the prosecutor knows the name of the victim involved in the offense, the prosecutor must give the victim written notice that a petition was filed and must provide the victim with a copy of the petition. MCL 28.728c(8). The prosecutor must send the notice by first-class mail to the victim’s last known address. Id. The notice must include information about the victim’s rights as described in MCL 28.728c(10). MCL 28.728c(8).
By right the victim may attend any proceeding held on the petition and to present a written or oral statement to the court before the court decides on the petition. MCL 28.728c(10). A victim must not be required to attend any hearing on the petition against his or her will. Id.
If the petition is properly filed with the court, the court must conduct a hearing. MCL 28.728c(9).
To decide whether a petition merits the discontinuation of SORA registration, MCL 28.728c(12) (tier I offenders) or MCL 28.728c(13) (tier III offenders), requires the court to consider all of the following:
“(a) The individual’s age and level of maturity at the time of the offense.
(b) The victim’s age and level of maturity at the time of the offense.
(c) The nature of the offense.
(d) The severity of the offense.
(e) The individual’s prior juvenile or criminal history.
(f) The individual’s likelihood to commit further listed offenses.
(g) Any impact statement submitted by the victim under the William Van Regenmorter crime victim’s rights act, . . . MCL 780.751 to [MCL] 780.834, or under [MCL 28.728c].
(h) Any other information considered relevant by the court.” MCL 28.728c(11).
Notwithstanding the court’s consideration of the factors listed, the court must not grant an offender’s petition if the court determines that the petitioner presents a continuing threat to the public. MCL 28.728c(11).
F.Determining Whether to Grant the Petition
Note: A tier I offender may also be able to discontinue registration if he or she meets the requirements in MCL 28.728c(14) or MCL 28.728c(15)..
MCL 28.728c(12) states that a properly filed petition under MCL 28.728c(1) (tier I offenders) may be granted if all of the following apply:
“(a) Ten or more years have elapsed since the date of his or her conviction for the listed offense or from his or her release from any period of confinement for that offense, whichever occurred last.
(b) The petitioner has not been convicted of any felony since the date described in subdivision (a).
(c) The petitioner has not been convicted of any listed offense since the date described in subdivision (a).
(d) The petitioner successfully completed his or her assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole.
(e) The petitioner successfully completed a sex offender treatment program certified by the United States attorney general under 42 USC 16915(b)(1),[4] or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner’s confinement, release, probation, or parole.” MCL 28.728c(12)(a)-(e).
Note: A tier III offender may also be able to discontinue registration if he or she meets the requirements in MCL 28.728c(14) or MCL 28.728c(15). Those provisions are discussed in Section 9.10(F).
MCL 28.728c(13) states that a properly filed petition under MCL 28.728c(2) (tier III offenders) may be granted if all of the following apply:
“(a) The petitioner is required to register based on an order of disposition entered under [MCL 712A.18], that is open to the general public under [MCL 712A.28].
(b) Twenty-five or more years have elapsed since the date of his or her adjudication for the listed offense or from his or her release from any period of confinement for that offense, whichever occurred last.
(c) The petitioner has not been convicted of any felony since the date described in subdivision (b).
(d) The petitioner has not been convicted of any listed offense since the date described in subdivision (b).
(e) The petitioner successfully completed his or her assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole.
(f) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States attorney general under 42 USC 16915(b)(1),[5] or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner’s confinement, release, probation, or parole.” MCL 28.728c(13)(a)-(f).
3.Tier I, Tier II, or Tier III Offenders
According to MCL 28.728c(14), a court must grant a properly filed petition under MCL 28.728c(3) (tier I, tier II, or tier III offenders) “if the court determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and any of the following apply:
(a) All of the following:
(i) The victim was 13 years of age or older but less than 16 years of age at the time of the offense.
(ii) The petitioner is not more than 4 years older than the victim.[6]
(b) All of the following:
(i) The individual was convicted of a violation of [MCL] 750.158, [MCL] 750.338, [MCL] 750.338a, [or MCL] 750.338b.
(ii) The victim was 13 years of age or older but less than 16 years of age at the time of the violation.
(iii) The individual is not more than 4 years older than the victim.
(c) All of the following:
(i) The individual was convicted of a violation of [MCL] 750.158, [MCL] 750.338, [MCL] 750.338a, [MCL] 750.338b, [or MCL] 750.520c.
(ii) The victim was 16 years of age or older at the time of the violation.
(iii) The victim was not under the custodial authority of the individual at the time of the violation.”
Under MCL 28.728c(15), a court must grant a properly filed petition under MCL 28.728c(3) (tier I, tier II, or tier III offenders) if either of the following applies:
“(a) Both of the following:
(i) The petitioner was adjudicated as a juvenile.
(ii) The petitioner was less than 14 years of age at the time of the offense.
(b) The individual was registered under [the SORA] before July 1, 2011 for an offense that required registration but for which registration is not required on or after July 1, 2011.”
If a court grants a defendant’s petition to discontinue registration, MCL 28.728c, the court must promptly provide the department and the petitioner with a copy of the order. MCL 28.728d. The department must promptly remove the petitioner’s registration from the database maintained according to MCL 28.728(1). MCL 28.728d.
1 See Section 9.10(F). See, e.g., In re Harder, ___ Mich App ___, ___ (2025) (petitioner’s inability as a Tier-II offender to petition under MCL 28.728c(12) for removal from the sex offender registry when he had completed all the requirements that would allow a Tier-I offender to do so does not present an equal protection violation because the tier classification system based on the seriousness of offenses is not arbitrary, and petitioner did not establish that he was similarly situated to offenders who may petition for removal under MCL 28.728c(12)).
2 See Section 9.10(F).
3 See Section 9.10(F).
4 This federal provision was transferred and renumbered as 34 US 20915.
5 This federal provision was transferred and renumbered as 34 US 20915.
6 “[O]ne who is even one day past the 4-year or 48-month eligibility limit described in MCL 28.728c(14)(a)(ii) is ineligible to obtain relief under that statute.” People v Costner, 309 Mich App 220, 232 (2015). “[W]hen [MCL 28.728c(14)(a)(ii)] inquires into whether the petitioner ‘is not more than 4 years older than the victim,’ it is using the commonly understood definition of a ‘year’ as a measure of time, and a ‘year’ is commonly understood as being 12 months in duration.” Costner, 309 Mich App at 231 (holding that MCL 8.3j, which defines “year” as a “calendar year,” does not apply to a unit or measure of time, and concluding that the defendant was not eligible to be removed from the registry because the defendant was four years and 23 days older than the victim) (citation and emphasis omitted).