United States Sixth Circuit

In a challenge to the constitutionality of Michigan's Setting Aside Convictions Act (SACA) and Sex Offender Registration Act (SORA), an order dismissing the challenge is affirmed over claims that: 1) plaintiffs' inclusion on the Public Sex Offender Registry (PSOR) violates their substantive due process rights because their records, which are for all other purposes nonpublic, are included in the PSOR even though their convictions have been set aside pursuant to SACA; and 2) SACA and SORA violate their Equal Protection rights because they treat persons convicted of sexual offenses differently than persons convicted of other offenses.

Appellate Information

• Decided 11/13/2007
• Published 11/13/2007

Judges

• Before:  CLAY and GIBBONS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas Lazar, Lazar Consulting Services, Bingham Farms, Michigan, for Appellants.  Ann M. Sherman, Michigan Department of Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Thomas Lazar, Lazar Consulting Services, Bingham Farms, Michigan, for Appellants.  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, for Appellee.