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Michigan Supreme Court limits sex offender registry law to post-2011 cases

Michigan Supreme Court limits sex offender registry law to post-2011 cases

Rule Changes Holt, MI local

Unanimous ruling forces removal of 20,000 from Michigan's sex offender registry

September 11th, 2026: State police begin removing registrants

Overview

Updated Sep 16

Michigan's Supreme Court ruled that the state cannot enforce its sex offender registration law against people whose crimes predate July 1, 2011. The unanimous decision, issued Sept. 9 in People v. Smith, found the 2021 amendments to the registration act are unconstitutional ex post facto punishment for those offenders.

Following the ruling, state police have removed more than 20,000 names from the registry. The decision extends the court's 2021 Betts ruling, which struck down the 2011 registration requirements as retroactive punishment, and lets pre-2011 registrants seek to vacate failure-to-register convictions.

Why it matters

Pre-2011 registrants can now clear failure-to-register convictions, avoiding jail time and public stigma from rules the court called unconstitutional.

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Key Indicators

43,000
Registrants at order
Approximately 43,000 offenders were registered when the court ruled.
20,000
Removed from registry
Names removed by state police as of Sept. 11.
7-0
Unanimous ruling
All Michigan Supreme Court justices agreed Betts applies retroactively.
14
Years of litigation
ACLU and partners have challenged Michigan's SORA since 2012.

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People Involved

MC
Megan Cavanagh
Chief Justice, Michigan Supreme Court
Wrote the unanimous opinion in People v. Shaver
 Gary Shaver
Gary Shaver
Defendant in People v. Shaver
Conviction vacated
MA
Miriam Aukerman
Senior staff attorney, ACLU of Michigan
Led the decade-long challenge to Michigan's SORA
 Eddie Lee Smith
Eddie Lee Smith
Defendant in People v. Smith
Prevailed in Michigan Supreme Court

Organizations Involved

Michigan Supreme Court
Michigan Supreme Court
State Supreme Court
Ruled Betts applies retroactively in People v. Shaver

Michigan's highest court, which has ruled twice on the constitutionality of the state's sex offender registry.
ACLU of Michigan
ACLU of Michigan
Civil rights organization
Leading the legal challenge to Michigan's SORA

The Michigan affiliate of the American Civil Liberties Union, which has challenged the state's sex offender registry since 2012.
Michigan State Appellate Defender Office
Michigan State Appellate Defender Office
State public defender office
Created the SORA Project to help registrants vacate convictions

The state agency that provides appellate representation for indigent defendants. Its SORA Project helps registrants vacate convictions related to the unconstitutional 2011 requirements.
Michigan Legislature
Michigan Legislature
State Legislature
Passed the 2021 SORA after Betts

The state's legislative body, which passed a new Sex Offenders Registration Act in 2021 after the Betts ruling.

Timeline

1994 September 2026

11 events Latest: September 11th, 2026 · 2 months ago Showing 8 of 11
Tap a bar to jump to that date

  1. State police begin removing registrants

    Latest Government Action

    Michigan State Police start removing pre-2011 offenders from the sex offender registry, with more than 20,000 removed by Sept. 11.

  2. Michigan Supreme Court rules 2021 SORA cannot be retroactively applied

    Court Decision

    Unanimous ruling in People v. Smith extends Betts to pre-2011 offenders.

  3. ACLU files new class action challenging 2021 SORA

    Lawsuit

    ACLU challenges the revised SORA, arguing it retains unconstitutional features.

  4. Michigan Supreme Court rules 2011 SORA unconstitutional in Betts

    Court Decision

    Court finds the 2011 SORA is ex post facto punishment when applied to pre-2011 convictions.

  5. New SORA takes effect

    Legislation

    Michigan Legislature passes a new Sex Offenders Registration Act after Betts.

  6. Judge Cleland rules for class in Does v. Whitmer

    Court Decision

    Federal judge rules for the class, finding exclusion zones and reporting requirements unconstitutionally vague.

  7. ACLU files class action Does II

    Lawsuit

    Class action filed to ensure all Michigan registrants benefit from the 2016 ruling.

  8. Sixth Circuit rules retroactive SORA application unconstitutional

    Court Decision

    Federal appeals court finds the 2006 and 2011 amendments violate the ex post facto clause.

  9. ACLU files Does v. Snyder

    Lawsuit

    ACLU of Michigan challenges SORA in federal court on behalf of six registrants.

  10. Legislature amends SORA with tiered classifications

    Legislation

    Amendments add three tiers, longer registration periods, and stricter reporting requirements.

  11. Michigan enacts Sex Offender Registration Act

    Legislation

    Michigan creates its sex offender registry, requiring registration for certain offenses.

Scenarios

1

Pre-2011 Convictions Vacated in Mass

Likely Resolves by End of 2027

Discussed by: State Appellate Defender Office, ACLU of Michigan

The SADO SORA Project and defense attorneys file motions to vacate failure-to-register convictions for pre-2011 offenders. Courts grant these motions, clearing records and potentially leading to hundreds or thousands of vacated convictions across the state.

2

Legislature Overhauls Michigan Sex Offender Registry

Possible Resolves by End of 2027

Discussed by: Michigan Legislature, ACLU of Michigan

The Michigan Legislature passes amendments to the 2021 SORA to address remaining constitutional issues, including individualized risk assessments and removal mechanisms. This would respond to the Shaver ruling and ongoing federal litigation.

3

Federal Court Further Restricts Michigan SORA

Possible Resolves by End of 2027

Discussed by: ACLU of Michigan, federal courts

The federal class action Does v. Whitmer III challenging the 2021 SORA results in a ruling that further restricts the law. This could include findings on vagueness, strict liability, or other constitutional issues.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

March 2003

Smith v. Doe (2003)

The U.S. Supreme Court upheld Alaska's sex offender registry, ruling it was a civil regulatory scheme, not punishment. The decision gave states broad latitude to impose registration requirements without triggering criminal procedural protections.

Then

States expanded their registries, adding more offenses and longer registration periods.

Now

The ruling became the legal foundation for sex offender registries nationwide, making it difficult to challenge them as punitive.

Why this matters now

Michigan's Supreme Court departed from this framework in Betts, finding the 2011 SORA was punishment. The Shaver ruling extends that departure by making it retroactive.

August 1798

Calder v. Bull (1798)

The U.S. Supreme Court first articulated the ex post facto doctrine, ruling that laws which punish conduct that was legal when committed violate the Constitution. The case established that retroactive punishment is prohibited.

Then

The ruling set the foundation for ex post facto jurisprudence in American law.

Now

The doctrine has been applied to everything from criminal laws to sex offender registries, protecting citizens from retroactive punishment.

Why this matters now

The Michigan Supreme Court applied this doctrine in Betts and Shaver, ruling that the 2011 SORA amendments were unconstitutional punishment when applied to pre-2011 convictions.

Sources

(8)
+2
WILX Legal News ACLU of Michigan Michigan State Appellate Defender Office Michigan State Police ClickOnDetroit WOODTV State Appellate Defender Office