Michigan’s Supreme Court says a Detroit-area man who served probation and community service after being charged with touching a girl’s breast when he was 19 can be removed from a sex offender registry. Full Article
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Good. Registry should be done away as a whole, but at the very least individuals who have had their cases dismissed should be released from the duty to register. Anything short of releasing a person from registering is nearly pointless as its the absolute biggest stain one can have on their record. Someone with a murder record would have an easier time finding a home and a job than someone with a “clean” record but on a registry.
A lot of us here in California are on the same boat. We have expunged records and don’t have to disclose that to potential employers, yet we’re still required to register. Once an employer finds out about 290 status, they’ll let you go anyway despite 290.46(L) So when do we get to see a case like this here in California?
Hey folks,
I am from Michigan and I am one of those HYTA registrants that has no criminal conviction but still has to register. If you read the order carefully, it only removed the defendant in question because the registry was created AFTER he was sentenced to probation and the Holmes Youthful Training Act (HYTA). From that prospective, it cannot be retroactively applied. I would have thought that instead of a\n short “order”, the justices would have wrote an “Opinion” (like they normally due on important matters) on the whole ISSUE with HYTA and registration. They did not. The “order” only removed him due to the registry was not around at the time of his sentencing. The legislatures may use this to fix the system, however this court order in no way, shape, or form states that being assigned to HYTA is punishment or unconstitutional to register even though you have no conviction. So basically, all those remaining HYTA defendants sentenced AFTER the creation of the registry in 1995 are stuck on the registry. What baffles me is there was a TON of briefs, etc on the HYTA issue and how it is cruel and unusual punishment to make someone register, who has NO CONVICTION. Whats the point of pleading to this “diversion program”, if the sealed record is actually reflected on the registry? How stupid is that? After all the in depth briefs filed, the justices wrote a very TINY “order” reversing the court of appeals decision and allowed the defendant to be removed from the registry.
This is a very important legal matter, and justices in other states such as the Muniz case wrote an actual lengthy OPINION. Why on earth would these justices create a tiny ORDER that doesn’t hardly address anything?? That’s Michigan for you.
Does anybody know what’s going on with Michigan and Does vs Snyder? When does the ACLU plan on filing their class action? If anybody has heard anything I’d be interested to know it…