Michigan Supreme Court limits sex offender registry law to post-2011 cases
Rule Changes Holt, MI localUnanimous ruling lets pre-2011 registrants seek to vacate failure-to-register convictions
Today: Michigan Supreme Court rules Betts applies retroactively in ShaverNew here? Follow stories to track developments over time. Create a free account to get updates when stories you care about change.
Overview
Updated 1 hour agoMichigan'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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People Involved
Organizations Involved
Michigan's highest court, which has ruled twice on the constitutionality of the state's sex offender registry.
The Michigan affiliate of the American Civil Liberties Union, which has challenged the state's sex offender registry since 2012.
The state agency that provides appellate representation for indigent defendants. Its SORA Project helps registrants vacate convictions related to the unconstitutional 2011 requirements.
The state's legislative body, which passed a new Sex Offenders Registration Act in 2021 after the Betts ruling.
Timeline
January 1994 September 2026
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Michigan Supreme Court rules Betts applies retroactively in Shaver
Today Court DecisionUnanimous ruling lets pre-2011 registrants seek to vacate failure-to-register convictions.
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ACLU files new class action challenging 2021 SORA
LawsuitACLU challenges the revised SORA, arguing it retains unconstitutional features.
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Michigan Supreme Court rules 2011 SORA unconstitutional in Betts
Court DecisionCourt finds the 2011 SORA is ex post facto punishment when applied to pre-2011 convictions.
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New SORA takes effect
LegislationMichigan Legislature passes a new Sex Offenders Registration Act after Betts.
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Judge Cleland rules for class in Does v. Whitmer
Court DecisionFederal judge rules for the class, finding exclusion zones and reporting requirements unconstitutionally vague.
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ACLU files class action Does II
LawsuitClass action filed to ensure all Michigan registrants benefit from the 2016 ruling.
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Sixth Circuit rules retroactive SORA application unconstitutional
Court DecisionFederal appeals court finds the 2006 and 2011 amendments violate the ex post facto clause.
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ACLU files Does v. Snyder
LawsuitACLU of Michigan challenges SORA in federal court on behalf of six registrants.
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Legislature amends SORA with tiered classifications
LegislationAmendments add three tiers, longer registration periods, and stricter reporting requirements.
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Michigan enacts Sex Offender Registration Act
LegislationMichigan 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.
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.
The ruling set the foundation for ex post facto jurisprudence in American law.
The doctrine has been applied to everything from criminal laws to sex offender registries, protecting citizens from retroactive punishment.
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.
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.
States expanded their registries, adding more offenses and longer registration periods.
The ruling became the legal foundation for sex offender registries nationwide, making it difficult to challenge them as punitive.
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.
