Sex Offender Registration for Dismissed Charges

April 22, 2016

In 1993, when Boban Temelkoski was 19 years old, he touched the breasts of an underage girl.  He was permitted to plead guilty under the Holmes Youthful Trainee Act (HYTA), a diversion program for young offenders that promises youth who successfully complete probation that their cases will be dismissed without a conviction and their records sealed.  Although Mr. Temelkoski held up his end of the bargain, the Michigan legislature later amended the Sex Offender Registry Act requiring him to register as a sex offender more than a decade after his criminal case was dismissed and his records sealed. 

In 2012 Mr. Temelkoski filed a motion in state court to be removed from the registry.  The trial judge granted the motion, but in October 2014 the Michigan Court of Appeals reversed, ordering Mr. Temelkoski back on the registry.  The Michigan Supreme Court has now agreed to hear the case, and the ACLU of Michigan is co-counseling his appeal.  We are arguing that the state, by requiring Mr. Temelkoski to register, is violating his right to due process by breaking the promises it made to him when he pleaded guilty as a teenager decades ago. 

(People v. Temelkoski; ACLU Attorneys Miriam Aukerman and Michael J. Steinberg; co-counsel David Herskovic.)