Michigan · September 2026

Pre-July 1, 2011 offenses are off the current sex offender registry

The Michigan Supreme Court ruled that the 2021 registry law cannot be used to keep people registered for a crime committed before July 1, 2011.

In plain terms

What changed

If someone’s (registrable) crime was committed before July 1, 2011, Michigan cannot keep them on the current Sex Offenders Registration Act (SORA) registry.

The Michigan State Police (MSP) is removing those people from the state database. Once removed, they are no longer required in Michigan to register, check in, or report where they live or work under SORA.

The court ruling

On September 9, 2026, in People v. Eddie Lee Smith, the Michigan Supreme Court held — unanimously — that the 2021 SORA amendments cannot be applied retroactively to anyone who committed their crime before July 1, 2011. Doing so would be an unconstitutional after-the-fact punishment.

The Court also said the state cannot simply place those people under an older version of the registry law instead.

How the justices voted

News coverage of the decision describes it as unanimous. That means all seven sitting justices joined the result, including the Court’s only Republican-nominated member. Michigan Supreme Court races are listed as nonpartisan on the ballot, but candidates are nominated at party conventions. Two justices first reached the Court by gubernatorial appointment.

Justice Party How they reached the Court
Megan Cavanagh, Chief Justice Democratic Elected in 2018 (Democratic nominee). Chosen by colleagues as chief justice in 2025.
Brian K. Zahra Republican Appointed in 2011 by Gov. Rick Snyder (R); later elected to full terms.
Richard H. Bernstein Democratic Elected in 2014 (Democratic nominee).
Elizabeth M. Welch Democratic Elected in 2020 (Democratic nominee).
Kyra Harris Bolden Democratic Appointed in 2022 by Gov. Gretchen Whitmer (D); later elected.
Kimberly A. Thomas Democratic Elected in 2024 (Democratic nominee).
Noah P. Hood Democratic Appointed in 2025 by Gov. Gretchen Whitmer (D) after Chief Justice Elizabeth Clement resigned.

Court makeup as of the September 9, 2026 decision: 6 Democratic-nominated justices and 1 Republican-nominated justice. No published dissent has been identified for this case.

What MSP is doing

MSP maintains the registry and said it must follow the Court’s order. According to MSP’s official statement:

Source: MSP official statement, Sept. 11, 2026

If someone has been removed

For a person whose only Michigan-registerable crime was before July 1, 2011 and who has been taken off the list:

Important limits

Who this does not cover

People whose offense was committed on or after July 1, 2011 remain subject to current Michigan SORA rules. MSP says errors about those remaining listings should go to the Sex Offender Registry Unit or the local agency where the person is registered.

MSP also said it did not change the law itself. Questions about rewriting the statute go to the Michigan Legislature.