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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 lets pre-2011 registrants seek to vacate failure-to-register convictions

Today: Michigan Supreme Court rules Betts applies retroactively in Shaver

Overview

Updated 1 hour ago

Michigan's Supreme Court ruled unanimously that its 2021 decision striking down parts of the state's sex offender registry applies retroactively. People convicted before 2011 can now seek to vacate failure-to-register convictions.

The ruling in People v. Shaver extends People v. Betts, which found the 2011 Sex Offender Registration Act amendments were unconstitutional ex post facto punishment. It affects tens of thousands of registrants who faced prosecution under rules the court later struck down.

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

40,000+
Registrants affected
People subject to the 2011 SORA requirements the court found unconstitutional.
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

Organizations Involved

Timeline

January 1994 September 2026

10 events Latest: Today
Tap a bar to jump to that date
  1. New SORA takes effect

    Legislation

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

  2. Legislature amends SORA with tiered classifications

    Legislation

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

  3. Michigan enacts Sex Offender Registration Act

    Legislation

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

Historical Context

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

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.

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.

Sources

(4)