Michigan State Police have removed more than 20,000 people from the state’s sex offender registry following a landmark Michigan Supreme Court ruling — slashing the list by nearly half.
The court ruled Sept. 9, 2026, that amendments to the Sex Offender Registration Act cannot be used to retroactively extend registration requirements for anyone whose offense occurred before July 1, 2011.
Anyone whose crimes happened before that date has been removed from the system.
Those with offenses on or after that date are still required to comply with registry rules.
The ruling explained
At the time of the order, approximately 43,000 offenders were actively registered or required to be registered.
As of Sept. 11, more than 20,000 had been removed. State police say that number could continue to change as the review process continues.
The court determined that strict reporting requirements, tier classifications and extended lifetime registration requirements passed in 2011 and 2021 amounted to an illegal, retroactive increase in criminal punishment — known legally as an ex post facto law.
Under constitutional law, the state cannot retroactively lengthen or intensify a person’s punishment after a crime or sentencing has already occurred.
When the 2011 changes took effect, many people already on the registry were moved to lifetime registration status.
The case that started it all
The ruling stems from a case involving Eddie Lee Smith. In 2010, Smith pleaded no contest in Kent County to one count of first-degree criminal sexual conduct and one count of second-degree criminal sexual conduct.
Smith was sentenced to 15 to 30 years in prison and was granted parole in 2024.
The 2011 amendments to the Sex Offender Registration Act put offenders into tiers. Smith’s conviction placed him in Tier III, requiring lifetime registration. His lawyers argued the requirements were passed after his crimes were committed and, as a result, amounted to unconstitutional punishment after the fact.
ACLU: Registry ‘one of most bloated in the country’
Miriam Aukerman, director of strategic litigation for the ACLU, argued the ruling is part of a long line of court decisions — both state and federal — finding aspects of Michigan’s registry unconstitutional.
“What happened here is that in 2011, the legislature changed the law really dramatically and essentially put people retroactively sort of on lifetime probation, you might say. They changed the rules of the game, and what the court said is you can’t do that. It’s a pretty basic constitutional principle,” Aukerman said.
She added that Michigan’s registry is particularly problematic because of its sheer size — calling it one of the largest in the country.
“It is a huge registry, one of the largest in the entire country,” she said. “There’s no individual consideration of anybody’s circumstances when a person is added to the registry.”
Aukerman also argues the registry is not only ineffective but counterproductive, saying it makes it harder for people to find employment and housing.
“This decision is taking a failed, counterproductive system and making it a little bit less failed,” she said.
State police: ‘We are required to comply’
Michigan State Police say they had no role in changing the law — only in enforcing the court’s order.
“The MSP did not make this change to the law. However, the department maintains the database, is required to comply with the Court’s order and is taking the necessary steps to implement the ruling,” said Col. James F. Grady II, director of the Michigan State Police. “Any concerns about or efforts to change the law should be directed to the state Legislature.”
What this means going forward
Critics argue the removals create a serious public safety concern, particularly for parents who rely on the registry to know who lives near their children.
State police are directing those concerns to state lawmakers.
It is important to note the ruling does not overturn anyone’s conviction. It only affects who is required to remain on the public registry.
Anyone aware of an error regarding an offender who remains registered for offenses committed on or after July 1, 2011, is asked to contact the Sex Offender Registry Unit or the local law enforcement agency where the offender’s registered address is located.
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