Sex Offender Registration for Dismissed Charges
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 2014 the Michigan Court of Appeals reversed, ordering Mr. Temelkoski back on the registry. The ACLU of Michigan co-counseled his appeal in the Michigan Supreme Court, which decided in January 2018 that requiring Mr. Temelkoski to register violates his right to due process because the state has broken 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.)