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

Overview

Updated 2 days 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.

Years of litigation

ACLU and partners have challenged Michigan's SORA since 2012.

Voices

Curated perspectives — historical figures and your fellow readers.

Ever wondered what historical figures would say about today's headlines?

People Involved

Megan Cavanagh

Chief Justice, Michigan Supreme Court

Wrote the unanimous opinion in People v. Shaver

Gary Shaver

Defendant in People v. Shaver

Conviction vacated

Miriam Aukerman

Senior staff attorney, ACLU of Michigan

Led the decade-long challenge to Michigan's SORA

Organizations Involved

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

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

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

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

January 1994 September 2026

10 events Latest: 2 days ago

Tap a bar to jump to that date

September 2026
Michigan Supreme Court rules Betts applies retroactively in Shaver
Latest Court Decision

Unanimous ruling lets pre-2011 registrants seek to vacate failure-to-register convictions.
2 days ago
January 2022
ACLU files new class action challenging 2021 SORA
Lawsuit

ACLU challenges the revised SORA, arguing it retains unconstitutional features.
January 1st, 2022
July 2021
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.
July 27th, 2021
March 2021
New SORA takes effect
Legislation

Michigan Legislature passes a new Sex Offenders Registration Act after Betts.
March 24th, 2021
January 2020
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.
January 1st, 2020
January 2018
ACLU files class action Does II
Lawsuit

Class action filed to ensure all Michigan registrants benefit from the 2016 ruling.
January 1st, 2018
August 2016
Sixth Circuit rules retroactive SORA application unconstitutional
Court Decision

Federal appeals court finds the 2006 and 2011 amendments violate the ex post facto clause.
August 1st, 2016
January 2012
ACLU files Does v. Snyder
Lawsuit

ACLU of Michigan challenges SORA in federal court on behalf of six registrants.
January 1st, 2012
January 2011
Legislature amends SORA with tiered classifications
Legislation

Amendments add three tiers, longer registration periods, and stricter reporting requirements.
January 1st, 2011
January 1994
Michigan enacts Sex Offender Registration Act
Legislation

Michigan creates its sex offender registry, requiring registration for certain offenses.
January 1st, 1994

Scenarios

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.

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.

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.

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.