Experience With Removal From Megan’s Law
New Jersey’s sex offender registration requirements were enacted in 1994 as part of Megan’s Law. Under this legislation, convicted sex offenders must register with the state following their release from prison and provide information to law enforcement and the community about their identity, where they live, and the nature of their crimes.
Complying with these registration requirements can be extremely difficult for convicted sex offenders due to the discrimination they may face when neighbors, employers, and members of the public become aware of their criminal history. Some sex offenders are eligible for removal from the state’s sex offender registry, however, giving them the chance to escape the stigmas and discrimination caused by registration.
This page provides information about petitioning for removal from New Jersey’s sex offender list. To find out more about filing a motion to be removed from Megan’s Law in New Jersey, contact me, Anthony N. Palumbo, for a free and confidential consultation. I can help you understand whether you’re eligible for removal and explain the process for terminating this very difficult obligation. Call 908-643-6801.
How To Terminate The Obligation Of Sex Offender Registration
After being convicted of a sexual offense, registration is required for a minimum of 15 years. Once this time period has expired, Megan’s Law provides that an offender may make an application to the New Jersey Superior Court to terminate the obligation if two conditions are met:
- The offender must provide proof that he has not committed a criminal offense within 15 years following his conviction or release, whichever is later; and
- The offender must demonstrate that he is not likely to pose a threat to the safety of others.
If an offender meets these requirements, and is not subject to permanent registration (discussed below), removal is accomplished by filing a motion to the Superior Court in the county where he currently resides and is registered. In determining whether removal is appropriate, the court will typically consider evidence such as whether the offender has been charged with criminal offenses since being registered and the results of expert psychological evaluations regarding the initial offense and the offender’s likelihood of re-offending.
Permanent Registration Requirements
Some sex offenders cannot terminate their obligation to register, and must remain permanently registered and subject to community supervision for life. Offenders who are ineligible for removal include those convicted of aggravated sexual assault, sexual assault involving physical force or coercion, or conviction of more than one sex offense.
Contact The Law Offices of Anthony N. Palumbo
To schedule a free and confidential legal consultation regarding your eligibility for removal from Megan’s Law, contact me, Anthony N. Palumbo, online or at 908-643-6801 . As a sex crimes defense lawyer with more than 35 years of experience, both as a prosecutor and as a public defender, I have insight into how Megan’s Law cases are perceived by the courts and I know the best strategies for getting results in my clients’ cases.